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Home My WebLink About931587.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 27, 1993 TAPE #93-37 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, October 27, 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 - Excused Also present: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners meeting of October 25, 1993, as printed. Commissioner Webster seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on October 25, 1993, as follows: 1) Public Hearing on Refunding Revenue Bonds for Health Care Facilities Project on behalf of the Evangelical Lutheran Good Samaritan Society, a non-profit corporation, and Issuance of Health Care Facilities Refunding Revenue Bonds by the County of Weld - Ordinance No. 176. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. PROCLAMATIONS: VETERANS MEMORIAL ENDORSEMENT - OCTOBER 27, 1993: Chairman Harbert read said proclamation into the record and presented it to Pat Persichino, Director of General Services. PUBLIC INPUT: No public input was offered today. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 145, 108.56 Payroll Fund $ 66, 469. 71 Handwritten warrants: General Fund $ 12, 983.77 Payroll Fund $1,363,295.24 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 931587 BIDS: APPROVE UNIFORMS - SHERIFF'S DEPARTMENT: Mr. Persichino recommended acceptance of the low bid from Neve's Uniforms, Inc. , in the amount of $13,811.00. Commissioner Hall moved to approve said bid as recommended. The motion, seconded by Commissioner Baxter, carried unanimously. BUSINESS: NEW: CONSIDER INTERGOVERNMENTAL AGREEMENT WITH CITY OF GREELEY CONCERNING TABULATION OF ELECTION BALLOTS AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, explained this agreement is necessary for counting the City's election ballots and is between the City and County Clerks. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Hall, carried unanimously. CONSIDER OIL DIVISION ORDER WITH ASSOCIATED TRANSPORT AND TRADING COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - NE1NE! S22, T6N, R65W: Mr. Barker said this division order is for the Bicke 22-1 lease and the interest is correct; therefore, he recommended approval. Commissioner Baxter moved to approve said division order and authorize the Chairman to sign. Commissioner Hall seconded the motion which carried unanimously. CONSIDER DIVISION ORDER WITH SNYDER OIL CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN - Wz S32, T2N, R66W: Mr. Barker said this division order is for the well known as Appel Heirs 32-30. He said the interest is correct and recommended approval. Commissioner Hall moved to approve said division order and authorize the Chairman to sign. Commissioner Baxter seconded the motion, and it carried unanimously. CONSIDER REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Chairman Harbert said Judy Kelly and Jim Park will be reappointed to said council, with terms to expire November 1, 1996. Commissioner Hall moved to approve said reappointments, and Commissioner Webster seconded the motion which carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 6 BETWEEN WELD COUNTY ROAD 41 AND DEAD END: Commissioner Baxter moved to approve said closure, and Commissioner Webster seconded the motion which carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR WINNY ENTERPRISES, INC. , DBA PIZZA HUT RESTAURANT, AND AUTHORIZE CHAIRMAN TO SIGN: Chairman Harbert said the Sheriff's Office report reflects no violations in the past year for this establishment. Commissioner Webster moved to approve said renewal and authorize the Chairman to sign. Commissioner Hall seconded the motion, and it carried unanimously. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE ORDINANCE - COUNTRY ESTATES/GRISER, AND ROGGEN DISPOSAL, INC. /CERVI: Commissioner Hall moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Country Estates/Rick Griser and Roggen Disposal, c/o Mike Cervi, for violations of the Weld County Building Code Ordinance. Commissioner Webster seconded the motion, and it carried unanimously. CONSIDER RE 41546 - SANDLIN: Gloria Dunn, Planning Department representative, read staff's recommendation, with concerns, into the record. She confirmed the last recorded exemption, splitting 40 acres into 35-acre and 5-acre parcels, was done in 1981, and the ground is presently farmed. George Sandlin, applicant, said he is ready to quit farming and his son will be coming home from the military to farm in his place. He explained the locations of surrounding houses and area and indicated the parcel will not access onto the private lane, but onto Weld County Road 6. Mr. Sandlin confirmed the property, planted in alfalfa, will continue to be farmed and he will add a house and garage. He indicated he lives on the property and is at retirement age and further explained the property split Minutes - October 27, 1993 Page 2 off in 1981 was sold about a year ago, before he knew his son was coming home from the military. There was further discussion concerning access; and the Board concurred access by the private lane rather than Road 6 would be more appropriate. Mr. Sandlin responded to questions from the Board by explaining that he rents water from Fulton and has good alfalfa production from the property. He said a young neighboring farmer helps him farm and buys his alfalfa. After further discussion, Chairman Harbert explained, in the result of a tie vote, Commissioner Kirkmeyer would review the record and cast the deciding vote. Ms. Dunn presented four recommended Conditions of Approval for the Board's review. At the request of Chairman Harbert, Ms. Dunn read an additional Condition of Approval into the record concerning access. Mr. Sandlin confirmed the lot would have water. No public testimony was offered, and Commissioner Baxter moved to approve RE #1546, stating it does meet the criteria because of the retirement and farming situation. Commissioner Hall seconded the motion which carried unanimously. There was further discussion concerning the watering of livestock with the domestic well as outlined in Condition of Approval #4, and Mr. Sandlin was advised to work with the State for additional water. Mr. Sandlin confirmed he had no problem with the Conditions. CONSIDER DECLARATION OF PROTECTIVE COVENANTS AND ROAD MAINTENANCE FOR PLEASANT VIEW ACRES AND IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) WITH PRISTINE INVESTMENTS - IHNEN: Ms. Dunn said this agreement is for a private road and the collateral has not yet been completed. Alvin Geist, General Partner of Pristine Investments, confirmed he is familiar with and has no problems with the agreement and all provisions. Ms. Dunn said this property, 62 acres in size, is located on the west side of Weld County on County Line Road and Weld County Road 60 and is owned by two sisters. In response to a question from Mr. Barker, Mr. Geist said one sister, who is terminally ill, sold her one-half interest to him, which he intends to develop and then sell. He indicated the mylar will be recorded, then the property will be deeded to Pristine. Mr. Barker stressed the need to use the original applicant's name, Verna Ihnen, as appeared on the Minor Subdivision. He suggested the property be properly deeded to Pristine before recording the plat. After further discussion, Mr. Geist said he would record the plat and the deed at the same time, which was acceptable to Mr. Barker. Ms. Dunn confirmed all Conditions of Approval of the Minor Subdivision had been addressed. No public testimony was offered concerning this matter. Commissioner Webster moved to approve said covenants and agreement, and Commissioner Hall seconded the motion which carried unanimously. After further discussion, Ms. Dunn confirmed the plat should be ready to record upon receipt of the deeds. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS WITH JOHN H. HANNA AND ESCROW AGREEMENT WITH INDIAN HEAD ESTATES LIMITED LIABILITY COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - INDIANHEAD ESTATES SUBDIVISION: Ms. Dunn said this agreement is for improvements in Indianhead Subdivision, which will be guaranteed by an escrow agreement. John Hanna, Manager for Indian Head Estates Limited Liability Company, said the company's name should actually be the name on the agreement. He explained the utilities and construction are for an extension of the subdivision, which is virtually complete except for one more lot and improvements. In response to a question from Mr. Barker concerning the amount to be escrowed, Ms. Dunn said the estimated cost of improvements was #118,595. Mr. Hanna requested that amount be adjusted by deducting $18, 031, already paid to Poudre Valley Rural Electric Association, Inc. (REA) for electrical costs, and $8, 760, already paid to Weinland Construction, Inc. for ground work. He noted REA's final cost was reduced to $13, 000 per lot and stated he had a paid-in-full receipt. Mr. Hanna indicated the ground work was for grading and trenching for the water system and partial payment has been made for the initial work. Mr. Barker recommended deducting the REA's amount but including the amount Minutes - October 27, 1993 Page 3 of the partial payment. Don Carroll, Engineering Department representative, said he met on site with Mr. Hanna and discussed Arikaree Road, culverts, and ditches. He indicated the plans are adequate and said he was presented this morning with a change order, Exhibit 1 for the record, in the amount of $2,836.50, which included the five culverts he requested. Mr. Hanna said the revised contract total, including the culverts, was $94, 016, out of which the $8, 760 was paid. Mr. Hanna reiterated that amount was the balance after the change order. Mr. Barker confirmed the exclusion of REA's amount and the inclusion of the change order amount. Mr. Hanna stated he would prefer the total amount be less the $8, 760. He then submitted the paid receipt from Weinland Construction, Exhibit 2 for the record, to Mr. Barker and stated the water system has been installed and tested. Mr. Barker said he would prefer the amount be $94,016, but would agree to the lesser amount since there was a receipt. Chairman Harbert explained, in the case of a tie vote, Commissioner Kirkmeyer would cast the deciding vote. No public testimony was offered. Commissioner Hall suggested attaching an exhibit to justify the $8, 760. Mr. Barker clarified Exhibit A should be altered to reflect the Board's reduction to the amount of $85,256. He explained Mr. Hanna must sign and the Board initial the revised Exhibit A. Mr. Hanna then submitted a letter and the abovementioned receipt from REA as Exhibit 3 for the record. Commissioner Hall moved to approve said improvements agreement, with the revised Exhibit A reflecting the amount of $85,256, and authorize the Chairman to sign said escrow agreement. Commissioner Webster seconded the motion which 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 10:00 A.M. APPROVED: ATTEST: / / n / // 9 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board 7Q77 �u �/ Constance L H bert,/ Chairman By: < ��C ? ��/ ' `� Deputy le to the Board W. H ' Webster, P -Tem o f ( /•!-� 't�4 Gem—rge�. Baxte II Da le K. Ha 1 EXCUSED Barbara J. Kirkmeyer Minutes - October 27, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO OCTOBER 27, 1993 TAPE #93-37 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, October 27, 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 - Excused Also present: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of October 25, 1993, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. WARRANTS: Shelly Miller, Deputy Clerk to the Board, presented the warrants for approval by the Board in the amount of $60,665.09. Commissioner Webster moved to approve the warrants as presented by Ms. Miller. 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 10:05 A.M. APPROVED: ATTEST:4j // i lb/ � BOARD OF COUNTY COMMISSIONERS ((itC4iJ? WELD COUNTY, COLORADO Weld County Clerk to the Board (.. att /,�.�dZaze-e' Constance L. Harbert, Chairman By: %A (a-'(„ � Deputy Clerk to the Boarci \ W. / kebstet' Prti-Tem geA. Baxt r Dale K.-Hall EXCUSED Barbara J. Kirkmeyer Hello