HomeMy WebLinkAbout911715.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 5, 1991
TAPE 1191-13
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, June 5, 1991, 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 Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Weld County Attorney, Thomas O. David
Acting Clerk to the Board, Carol Harding
Director of General Services, Pat Persichino
MINUTES: Commissioner Kennedy moved to approve the minutes of the Board
of County Commissioners meeting of June 3, 1991, as printed.
Commissioner Harbert seconded the motion, and it carried
unanimously.
ADDITIONS: Mr. Persichino added as #2 under Bids: Present 83rd Avenue
Local Improvement District.
CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as
printed. Commissioner Harbert seconded the motion, and it
carried unanimously.
WARRANTS: Mr. Persichino presented the following warrants for approval by
the Board:
General fund $ 39,534. 13
Payroll fund 915.52
Handwritten warrants:
Payroll fund $ 410.91
Commissioner Webster moved to approve the warrants as presented
by Mr. Persichino. Commissioner Kennedy seconded the motion
which carried unanimously.
Let the record reflect that a recess was taken at this time to
allow the Board to convene as the Board of Social Services.
BIDS: PRESENT FIVE (5) CATTLE GUARDS - ROAD AND BRIDGE DEPARTMENT:
Mr. Persichino presented said bid. The sole bidder is Big "R"
Manufacturing and Distributing in the amount of $21,450.00. The
Engineering Department has recommended approval of said bid and
is asking for emergency approval. Commissioner Kennedy moved to
approve said bid on an emergency basis. Commissioner Harbert
seconded the motion, which carried unanimously.
911715
PRESENT 83RD AVENUE LOCAL IMPROVEMENT DISTRICT - ENGINEERING
DEPARTMENT: Mr. Persichino read the names of the six bidders
into the record. The apparent low bid is the Weld County Road
and Bridge Department. This will be submitted for approval on
June 19, 1991.
BUSINESS:
NEW: CONSIDER REQUEST FOR RENEWAL OF 3.29, BEER LICENSE FROM TEXACO OF
COLORADO, INC. : Chairman Lacy read a report from Lt. Fliethman,
Sheriff's Department, indicating no liquor violations are on
file with them. Commissioner Webster moved to approve said
renewal. Commissioner Kennedy seconded the motion, which
carried unanimously.
CONSIDER 3% OLDER WORKER PROGRAMS GRANT APPLICATION TO STATE
GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN:
Linda Piper, Human Resources Department, explained said grant
application. It is in the amount of $35,000.00, and the funds
are targeted to support the Area Agency on Aging Seniors In
Industry Program which has been operating since 1985. The grant
period is from July 1, 1991 through June 30, 1992. Commissioner
Harbert moved to approve said grant application and authorize
the Chairman to sign. Commissioner Kirby seconded the motion,
which carried unanimously.
CONSIDER REQUEST FROM PEST INSPECTOR TO ENTER UPON CERTAIN
LANDS: Commissioner Kirby moved to approve said request.
Commissioner Kennedy seconded the motion, which carried
unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS
PROPERTY, APPROVE CONTRACT TO AUCTION WITH ONE WAY AUCTION
SPECIALISTS AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner
Webster moved to approve said Resolution and authorize the
Chairman to sign. Commissioner Harbert seconded the motion,
which carried unanimously.
CONSIDER RESOLUTION RE: AMEND PROCEDURE FOR HEARING OF PETITIONS
FOR TAX REFUND OR ABATEMENT: Mr. David explained this
Resolution is necessary due to the administrative change of
mailing items first class instead of Certified Mail.
Commissioner Webster moved to approve said Resolution.
Commissioner Kennedy seconded the motion, which carried
unanimously.
CONSIDER RESOLUTION RE: DIVISION ORDER WITH PERMIAN OPERATING
LIMITED PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN - NE'-,-, SWa
533, T5N, R66W: Mr. David explained this item, as well as the
following item of business, are Division Orders for the same
wells discussed and approved on Monday, but with a percentage
going to a different company. He mentioned that we need to
evaluate the procedure of bringing each individual Division
Order before the Board for approval, and suggested it might be
appropriate to do one for each lease, to be in effect until a
change is made. This was referred to a worksession for
discussion. Commissioner Kirby moved to approve said Division
Order and authorize the Chairman to sign. Commissioner Kennedy
seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DIVISION ORDER WITH PERMIAN OPERATING
LIMITED PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN - SE! SW,'--,
533, T5N, R66W: Commissioner Webster moved to approve said
Division Order and authorize the Chairman to sign. Commissioner
Kennedy seconded the motion, which carried unanimously.
Minutes - June 5, 1991
Page 2
PLANNING: CONSIDER CONTRIBUTION OF $20,000 TOWARD PAVING OF BRANTNER ROAD
- ASSOCIATED NATURAL GAS, INC. (CONT. TO 10:00 A.M. HEARING) :
Keith Schuett, Department of Planning Services, explained that
this is in conjunction with the Special Review Permit
application to be heard at 10:00 a.m. today. Commissioner
Kennedy moved to continue this to the 10:00 a.m. hearing.
Commissioner Harbert seconded the motion, which carried
unanimously.
CONSIDER RE 01346 - GERALD MOSSBERG: Brian Grubb, Department of
Planning Services, stated that the applicant was not present.
Therefore, this matter was held over to later in the meeting.
Let the record reflect that Lee Morrison is now the attorney of
record.
CONSIDER RE 01341 AND RE 01342 - ROCKY MOUNTAIN FUEL COMPANY,
C/0 ROCKY MOUNTAIN CONSULTANTS: Lanell Swanson, Department of
Planning Services, read the recommendation of the Planning staff
into the record. Barbara Brunk from Rocky Mountain Consultants,
is representing the applicant, and stated the intent of these
Recorded Exemptions is to divide the nonproductive grazing land
on the north side of the property from the productive
agricultural land on the south side of this property. There is
an existing easement, which accesses a private road. The intent
is to sell the two 80-acre parcels. One residence is existing
and one will be added. David Macey, Realtor, described this as
Class 4 Agricultural with a "poor" pasture and prairie dog
infestation. The intent of the purchaser is to graze livestock
or horses. Commissioner Kirby moved to approve Recorded
Exemptions 01341 and 01342, and Commissioner Harbert seconded
the motion. Ms. Swanson asked that three conditions be added:
1) Any new home is to be required to get a septic permit; 2) An
I.S.D.S. evaluation is to be performed by the Weld County Health
Department on the existing septic system; and 3) The 37.5'
access easement, as shown in their proposal, be designated as
such on their plat prior to recording. Commissioners Kirby and
Harbert agreed to this being added to the motion. On roll call
vote, the motion carried four to one, with Chairman Lacy voting
against said motion.
CONSIDER RE 01346 - GERALD MOSSBERG: Brian Grubb, Department of
Planning Services, read the recommendation of the Planning staff
into the record. Staff is recommending denial, due to the fact
that this will make a total of five parcels in one quarter-
section. Gerald Mossberg was present and stated his reasons for
requesting this Recorded Exemption. The density of housing was
not apparent when he purchased 300 acres in 1979. He would like
to use the finances to upgrade the original house, where he will
continue to live and operate the farm. Commissioner Kirby
questioned whether or not this would use all of Mr. Mossberg's
available water taps. He stated it would. After discussion,
Commissioner Harbert moved to approve Recorded Exemption 01346.
Commissioner Webster seconded the motion, which carried on a
vote of four to one, with Commissioner Kennedy voting against
said motion.
CONSIDER RE 01344 - HOUSEHOLD BANK, F.S.B. , C/O BURL
VAN BUSKIRK: Lanell Swanson, Department of Planning Services,
read the recommendation of the Planning staff into the record.
Judy Schmidt, Environmental Health, stated the policy of the
Department is to recommend denial of any parcels less than one
acre, due to the fact that if the septic system fails there is
not enough room to relocate it and still meet the Environmental
Health criteria. Kirk Goble, J. L. Sears and Associates,
represented the applicant, and submitted a letter answering the
concerns of the Planning staff. He also submitted a letter from
Minutes - June 5, 1991
Page 3
Alpha Engineering recommending the use of individual sewage
disposal systems for the parcels. Commissioner Kirby asked
about the present and planned use of the buildings. Mr. Goble
stated the north building is presently vacant and will be
purchased by Production Control Systems of Brighton, who produce
and sell small equipment used in oil and gas well production.
The south building is occupied by National Oil Well Services and
has about six employees. In response to Chairman Lacy's
questions, Mr. Goble stated there is an existing well which will
be used on the north parcel. There are two other wells which
need to be redrilled before they can be used, and the applicant
does intend to redrill the wells before the parcels change
possession. Mr. Morrison stated the State Engineer's Office
requests the wells to be plotted on the plat. Commissioner
Kirby asked about the landscaping. Mr. Goble stated there is
only limited landscaping available since it has been vacant for
two years. The purchaser intends to use rock and other non-
water types of landscape to make it attractive. In response to
Chairman Lacy's questions, Ms. Swanson stated that Planning
would accept that type of landscaping. She also stated this
would be a commercial exempt well, which allows absolutely no
outside use. After discussion, Chairman Lacy questioned
whether, in the event of septic system failure, the owner would
have to apply to the Health Department for a permit to fix or
replace the system. Ms. Schmidt stated they would, and the new
system would have to meet the requirements for setback, etc.
which may be very expensive. She also stated they would have to
have an I.S.D.S. evaluation on the present systems, and they
should be 100' from leach fields. Ms. Swanson read the
recommended Conditions of Approval into the record.
Commissioner Harbert moved to approve Recorded Exemption 111344,
with Conditions as read by Ms. Swanson. Commissioner Webster
seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT FOR FINAL PLANNED UNIT
DEVELOPMENT PLAN - DONALD AND ADELE BALDRIDGE, C/O NELSON
ENGINEERS: Keith Schuett, Department of Planning Services,
explained that this is the revised Improvements Agreement, and
it has been reviewed by Lee Morrison as to content. Drew
Scheltinga, County Engineer, has reviewed the Agreement as to
dollar amounts and finds them to be acceptable. Mr. Schuett
also presented a copy of the Road Maintenance Agreement between
the applicant and the City of Longmont, which Mr. Morrison also
has reviewed. Mr. Morrison stated that the revision was to
delete all reference to the County maintaining the roads, and
this has been accomplished. Staff recommends approval of the
Improvements Agreement, which will be signed upon receipt of
collateral. Commissioner Harbert moved to approve staff
recommendation. Commissioner Kirby seconded the motion, which
carried unanimously.
(Let the record reflect that a five minute recess was taken at
this time. )
CONSIDER PROBABLE CAUSE - TIRE MOUNTAIN INCORPORATED, C/O
JARRALD A. AND FAYE L. JAMISON: Mr. Morrison made this matter
of record. Mr. Schuett read the recommendation of the
Department of Planning Services into the record. Staff feels
Tire Mountain, Inc. , is out of compliance with three Development
Standards of USR 11842, and is asking for a Show Cause Hearing to
be set July 3, 1991. The first area of non-compliance is
Development Standard 113c which states, "No more than 2 trenches
shall be excavated and exposed or filled at a time. " The second
is 116 which states, "Tires shall be placed across the width and
to the top of each trench before proceeding lengthwise along the
trench." The third area of non-compliance is Development
Standard 117 which states, "Within 30 days of filling a trench
with tires, the trench shall be covered with no less than a
Minutes - June 5, 1991
Page 4
20-mil plastic and one foot of soil. No more than 100 feet of
uncovered tires shall exist at any time. Materials other than
soil may be used as a final cover provided they are approved by
the Weld County Department of Planning Services, Weld County
Health Department, and the Colorado Department of Health. " Ms.
Schmidt presented copies of the Health Department recommendation
and explained that they are willing to work with the applicant
to experiment with less soil being placed on top. Chairman Lacy
asked that discussion be limited to whether there is probable
cause to set a Show Cause Hearing or not, and the discussion of
remedies, etc. be held for that time. Ken Lind, Attorney,
represented the applicant. He stated that it is a matter of
interpretation as to how many trenches are exposed at one time.
At present there is a two-celled trench which is being filled,
and covered with plastic and tires, to see how they work.
Immediately west of that another trench of two cells is open and
being used for fill. Then on the northwest corner, one trench
is open to dispose of existing surface piled tires. Therefore,
only two trenches are exposed. He stated that on April 24,
1991 the applicant requested a minor change to this Development
Standard to do away with the requirement of only two trenches
being opened. They are also asking for a change to be made to
the Standard that requires the trenches to be filled across the
width before filling lengthwise, since lengthwise is much more
practical. Mr. Lind explained that when the tires are covered
with plastic and the dirt is placed on top of the plastic, the
dirt flows to the low spots, such as the center of the tire,
which leads to too much dirt being put on it, which tears the
plastic. Mr. Lind presented the Board with copies of a report
on the need for alternative covering material, indicating that
there is no adequate plastic covering available. Commissioner
Kirby indicated he would like to set a Show Cause hearing in
early August to explore the changes and alternatives within the
hearing framework. This would allow staff and the applicant
time to explore various methods and remedies to the problems.
Commissioner Kirby moved to set a Show Cause Hearing on August
14, 1991, at 10:00 a.m. , in order to look for solutions in these
three areas. Seconded by Commissioner Harbert, the motion
carried unanimously.
CONSIDER PROBABLE CAUSE - BUCKEYE TRAP RANGE, C/0 NORTHERN FRONT
RANGE FARMS, INC. : Ms. Swanson read the recommendation of the
Planning Department into the record. The Planning staff is
asking a Show Cause Hearing be set for Special Use Permit 11389,
held by the Buckeye Trap Range. Staff feels there are three
areas of non-compliance. The first is Development Standard 111,
which reads, "The permitted uses on the hereon described parcel
shall be for a trapshooting range. The property shall be
restricted to only trapshooting. The facilities shall be
limited to those which are shown hereon. " The second is the
fact that there are four structures on the property which were
not identified or permitted through the Special Use Permit, and
which have not received building permits. The third area of
non-compliance is Development Standard 1110 which reads, "The
perimeter of range shall be landscaped to provide natural noise
barriers as shown hereon. The remainder of the range shall be
planted and maintained with grass or other suitable ground
cover." Charles Dickson, Attorney, was present and represented
the applicant. Tim Brough, owner and operator, was also
present. Mr. Dickson explained that the landscaping is for
aesthetic purposes only and, between winter kill and an
individual who mowed down three trees while mowing weeds, there
is only a 107 loss on the trees. A number of trees need
replanting, however, and the applicant intends to replace them
as soon as possible. In the matter of allowing skeet as well as
trap shooting, Mr. Dickson explained that the definition of trap
shooting is "the shooting of clay pigeons thrown from a house in
front of you with a shotgun". The difference between trap and
Minutes - June 5, 1991
Page 5
skeet is that the arm on the thrower articulates in skeet, which
allows crossing patterns with two targets at a time. This makes
the frequency less and the timing slower, which permits less
intensity in skeet than in trap. Also, when a station is used
for skeet shooting, the next two stations in line have to be
closed. Again, this causes less intensity in shooting. As to
the buildings, there are two portable buildings to house the
stationary throwers, one truck bed used to house traps out of
the weather, and a trailer used to transport supplies.
Commissioner Harbert questioned the intent of the phrase "the
property shall be restricted only to trap shooting" in Standard
#1. Mr. Dickson stated he thought the intent was to limit the
range to the shooting of clay pigeons with a shotgun. Mr.
Morrison thought it possible that the intent was to regulate the
use of shotguns versus rifles and pistols. Mr. Dickson
explained the applicant had called the Department of Building
Inspection as to whether or not they needed building permits and
they were told they did not. Ms. Swanson verified this, but
stated it was in error. Ed Stoner, Building Inspector, was
present to explain that this was an error in judgement. When a
building is less than 120 square foot it is exempt, as long as
other criteria is met. The Inspector that answered the question
assumed the other criteria had been met when, in fact, it had
not. Therefore building permits are required. Mr. Brough
stated he has no problem with obtaining building permits. The
Chairman asked for comments from the audience. There were none.
Commissioner Harbert moved to dismiss the probable cause as long
as the building permits are obtained and the trees are replaced.
Commissioner Webster seconded the motion. After discussion, Mr.
Brough stated the trailer would either be on the road,
unloading, or away from the site. The motion carried
unanimously.
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
11:05 A.M.
/� APPROVED:
ATTEST:
�f� 1 /i�u BOARD OF COUNTY COMMISSIONERS
G :JJ 1��� WELD COU COLORADO
Weld County Clerk to the Board
Go . L cy hairman
4-1--Ottifithiel
Deputy Clerk to the Boa;..\ George Ke nedy, Pro- em
i
Consttaance L. Harbert
C. W. Kirby�
e41-4 fehi-ai-t-
W. Webster
Minutes - June 5, 1991
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JUNE 5, 1991
TAPE #91-13
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, June 5, 1991, 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 Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Weld County Attorney, Thomas O. David
Acting Clerk to the Board, Carol Harding
Director of General Services, Pat Persichino
MINUTES: Commissioner Kennedy moved to approve the minutes of the Board
of Social Services meeting of June 3, 1991, as printed.
Commissioner Kirby seconded the motion, and it carried
unanimously.
WARRANTS: Mr. Persichino presented the warrants for approval by the Board
in the amount of $18,279.00. Commissioner Kennedy moved to
approve the warrants as presented by Mr. Persichino.
Commissioner Webster 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
9:05 A.M.
APPROVED:
ATTEST: GCiG�. , BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
Weld County Clerk to the Board
���///��� Gordon
acy, rman
By: (l(bte (p{74 , 4/„�
Deputy Clerk to the Board i Geo ge Kennedy, Pro-Tem
Constance L. Harbert
C. Le irb 1
W. H. Webster
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