HomeMy WebLinkAbout931535.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 8, 1993
TAPE #93-41 & #93-42
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, December 8, 1993, 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 Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 December 6, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
ADDITIONS: There were no additions to today' s agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Webster seconded the motion, and it
carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 291,084. 66
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
BIDS: There were no bids to present.
BUSINESS:
NEW: CONSIDER AMENDMENT 111 CONTRACT FOR HIV COUNSELING AND TESTING
WITH COLORADO DEPARTMENT OF HEALTH AND AUTHORIZE CHAIRMAN TO
SIGN: John Pickle, Health Department Director, explained this
amendment is due to a retroactive increase in the per test
payment amount, which increased the total 1993-1994 HIV testing
and counseling contract by $2,212.00. Commissioner Webster
moved to approve said contract amendment and authorize the
Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
931535
CONSIDER APPOINTMENT TO PLACEMENT ALTERNATIVES COMMISSION:
Commissioner Kirkmeyer moved to appoint John Rocha to the
Placement Alternatives Commission, with a term to expire
December 31, 1996. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER REQUEST FOR CONVERSION OF CERTAIN FOUND PROPERTY AND
EVIDENCE FOR USE BY SHERIFF'S OFFICE: Commissioner Hall moved
to approve said request. Seconded by Commissioner Webster, the
motion carried unanimously.
PLANNING: CONSIDER REQUEST FOR BUILDING PERMIT - KOLDEWAY: Gloria Dunn,
Department of Planning Services, explained the applicants
purchased this 10.35 acre tract, after which the property was
found to be divided by a deeded access road which created two
separate lots of 4.24 and 6. 11 acres. The approval of RE #1475
in February 1993 brought the 6. 11-acre parcel into compliance
with the Subdivision Ordinance; however, the illegal status of
the 4.24-acre parcel has never been resolved. The request is
being made to enable the applicants to establish a residence at
this location. Staff is reviewing applications for a Mobile
Home Zoning Permit and a Flood Hazard Development Permit in
conjunction with this request. Responding to a question from
Commissioner Baxter, Ms. Dunn said allowing a building permit
today would not legalize the lot in any way. It will remain an
illegal lot unless the other party, who has the deeded access
across this parcel, would agree to be included as a party to a
possible recorded exemption, thus allowing their signature on
that application. There was no public input offered concerning
this matter. Commissioner Baxter moved to approve said building
permit with conditions. Seconded by Commissioner Webster, the
motion carried unanimously.
CONSIDER REQUEST TO REMOVE CERTAIN CONDITIONS OF APPROVAL FROM
RE #1492 - GRAND MESA EGGS, INC. : Monica Daniels-Mika,
Department of Planning Services, explained RE #1492 was approved
by the Board of County Commissioners on May 5, 1993, conditional
upon the applicant entering into a common ownership of the water
well and establishing mechanisms to manage the operation of the
well. Since Condition of Approval #5 of RE #1492 has now been
met, the applicant requests its removal from the plat. Ms.
Daniels-Mika stated that it should remain on the plat since it
was a Condition of Approval and will allow all conditions to be
tracked. John Dent, representing the proposed purchaser of the
large parcel, stated this is merely a housekeeping item and
since Condition of Approval #5 no longer applies, it should be
removed from the plat. He requested the water well agreement be
recorded in place of Condition of Approval #5 remaining on the
plat. Mr. Barker pointed out if the agreement is the only thing
recorded, anyone with ownership of the property would have the
right to use the well; however, the owner would also have the
right to dissolve the agreement. Ms. Daniels-Mika suggested to
the Board that the requested action today would set a precedent
for any Conditions of Approval included which contain the phrase
"prior to recording the plat". Mr. Dent stated there would not
be joint ownership, and reiterated that if the Condition remains
on the plat, the requirement for a condition that is not being
satisfied remains. In response to Commissioner Baxter, Mr. Dent
said a change in the wording would have the desired result. Mr.
Barker said what is needed is some mechanism on the plat to say
there is an agreement, ownership, or some ability of both
landowners to have a right to use that water well. There was no
public testimony given on this matter. In response to the
Board, Mr. Barker suggested wording to be added to Condition of
Approval #5: "An alternative joint well use agreement signed by
Minutes - December 8, 1993
Page 2
both owners of the lots of the recorded exemption will satisfy
this condition." After verifying this amendment to Condition
of Approval #5 would continue with ownership change,
Commissioner Hall moved to approve said amendment. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER RE 111551 - ORR: Ms. Daniels-Mika requested this matter
be considered at the same time as RE #1556, due to contiguous
ownership and the location of the two applications. She
presented staff's recommendation of concerns based on
consistency with the Comprehensive Plan and agricultural intent,
and suggested if approved, all future building permits would be
withheld from the two proposed lots until the applicant can
substantiate a center pivot irrigation system is or will be in
place. Commissioner Kirkmeyer questioned the Board's authority
to place such a restriction on the recorded exemption. Mr.
Barker pointed out the conditions normally placed on a recorded
exemption are certain things the applicant needs to comply with
prior to recording the plat. Ms. Daniels-Mika stated staff has
no way of ensuring the sprinkler system, which is the intent of
this recorded exemption, is in place. Clair Orr, applicant was
present, and stated the original intent of these recorded
exemptions was to put a sprinkler system in. He indicated it
will cost approximately $50, 000 to install. However, he
indicated that subsequent to receiving those bids, he found wet
spots on the property, which will prevent the sprinkler from
operating properly. To correct the problem will cost another
$8, 000. Therefore, he still intends to keep the property in
some type of agricultural use, more than likely with flood
irrigation. Mr. Barker cautioned the Board against a condition
based upon the intent of the recorded exemption, since the
intent is something that should be determined now, before
granting or denying the request. Mr. Orr clarified that both
accesses on both recorded exemptions are existing entrances.
Ms. Daniels-Mika entered six proposed Conditions of Approval
into the record. Commissioner Kirkmeyer questioned whether Mr.
Orr has a problem with the Conditions of Approval, with the
elimination of #5. Mr. Orr stated he has a problem with #6D,
since the well exists on recorded exemption #1551 at the present
time and is now being restricted to household purposes. Ms.
Daniels-Mika explained that is a condition of the State
Engineer, and it is currently in effect on the well. In
response to a question from Commissioner Webster, Mr. Barker
stated the Board controls what is recorded on the plat, and
suggested adding that if the applicant applies for and receives
a well permit different from the one currently in place, the
conditions as set forth in proposed Condition of Approval #6,
which will be Condition of Approval #5, will be the same
conditions as set forth by the State Engineer on that well.
Therefore, if the well changes but the State Engineer continues
to have certain conditions, they would always be stated. There
was no public testimony given on these recorded exemptions.
Commissioner Kirkmeyer moved to approve Recorded Exemption #1551
with the proposed Conditions of Approval, except to eliminate
Condition of Approval #5, and add to Condition of Approval #6D
the language that Mr. Barker suggested. Seconded by
Commissioner Baxter, the motion carried unanimously.
Commissioner Kirkmeyer moved to approve Recorded Exemption #1556
with the proposed conditions of approval, except to eliminate
Condition of Approval #5, and the added language under Condition
of Approval #6D. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER RE #1556 - ORR: See preceding matter.
Minutes - December 8, 1993
Page 3
CONSIDER RE #1560 - MILL: Ms. Daniel-Mika presented the
unfavorable recommendation of staff, and stated this is the
sixteenth recorded exemption in a six-square mile area, all but
one of which have been approved. John Berry, attorney for the
applicant, stated this is the first RE requested by the
applicant. He pointed out there are no existing buildings on
the entire parcel, since previous buildings located on the
five-acre parcel became dilapidated and were destroyed. Mr.
Berry stated there is a well on the five-acre tract, as well as
electricity and mature landscaping and trees. In response to
Commissioner Kirkmeyer, Mr. Berry said the intent is to sell the
five-acre parcel. Kevin Mill, applicant, stated he intends to
continue farming the 95-acre parcel. Pat McNear, Broker for
Scott Realty Company, explained the unusual topography of this
parcel is the reason for the odd configuration of the proposed
lots. He said the elimination of the five-acre lot enhances the
production of the farm and eliminates erosion caused by the
runoff from the rows into the barrow pit. (Changed to tape
#93-42. ) There was no public testimony offered. In response t.o
Commissioners Kirkmeyer and Hall, Mr. Mill explained the use of
the access shown on the sketch submitted with his application.
After discussion, Mr. Mill agreed that the existing exit on Weld
County Road 72 that is immediately east of Weld County Road 27
could be eliminated. Ms. Daniels-Mika clarified that, if
approved, this will allow two building lots; one of which is
already existing. She presented four proposed Conditions of
Approval. In response to a request from Commissioner Kirkmeyer,
Mr. Barker suggested adding Condition of Approval #6 to read:
"The applicant shall eliminate the first access to Lot B off
Weld County Road 72 which is located east of Weld County Road
27." Commissioner Hall moved to approve RE #1560 with
Conditions of Approval, adding #5, as worded by Mr. Barker.
Seconded by Commissioner Kirkmeyer, 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
10:20 A.M.
APPROVED:
ATTEST: /I / 1 �l BOARD OF COUNTY COMMISSIONERS
7l WELD
COUNTY, COLORADO
Q 6 /y L'�/G�2i�d//? /
Weld County Clerk to the Board �0726 ie�ts 6i-' ��`1Y��1.1
Constance L. Harbert, Chairman By: 7:71,(1/ A AlACce-----T /4 e/LLOA'rZ
Deputy Cler o the Board W. H " Webster, 'Prq-Tem
eorge . Baxte
Dale. Hall l
7Barbara J. Kirkmeyer U
Minutes - December 8, 1993
Page 4
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
DECEMBER 8, 1993
TAPE #93-42
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, December 8, 1993, 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 Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 Kirkmeyer moved to approve the minutes of the Board
of Social Services meeting of December 6, 1993, as printed.
Commissioner Webster seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the warrants for approval by the Board in the amount of
$29,319.33. Commissioner Webster moved to approve the warrants
as presented by Mr. Warden. Commissioner Baxter 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
10:25 A.M.
APPROVED:
ATTEST: / / ,/ BOARD OF COUNTY COMMISSIONERS
/ WELD,COUNTY, COLORADO/1/ �I�GL'Lca.vi7 /
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Weld ounty Clerk to th Board (l <m- —U c_
n Constance L. Harbert, Chairman
By:71
Deputy Cle k to the Joard W. eb ter, Pr Tem
/George Bax er
Dale K. Hall
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lfLCLr Lic / � LL / E 2'
/Barbara J. Kirkmeye¢
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