HomeMy WebLinkAbout931406.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 2, 1993
TAPE #93-19 & #93-20
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 2, 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 - ABSENT
Commissioner George E. Baxter
Commissioner Dale K. Hall - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Lee Morrison
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 County Commissioners meeting of May 26, 1993, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on
May 26, 1993, as follows: 1) Amendments to Weld County Building
Code Ordinance, Ordinance No. 119-L, and Amendments to Weld
County Zoning Ordinance, Ordinance No. 89-Z; 2) Two Special
Review Permits for a single family dwelling unit on lots less
than the minimum lot size in the A (Agricultural) Zone District,
Ed and Carol Lind (Dockets #93-28 and 1193-29) ; 3) Special Review
Permit for an agricultural service establishment (pickle
processing facility) in the A (Agricultural) Zone District, Lynn
Fagerberg; and 4) Special Review Permit for a dry-pit gravel
mine in the A (Agricultural) Zone District, Bucklen Equipment
Company. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Baxter seconded the motion, and it
carried unanimously.
PUBLIC INPUT: There was no public input given.
931406
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 241,655.36
Payroll Fund $ 8,846.63
Handwritten warrants:
Payroll Fund $ 474, 113. 11
Electronic transfer:
Payroll Fund $ 65, 647.32
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
BIDS: PRESENT LAUNDRY BID - VARIOUS DEPARTMENTS FOR THE PERIOD OF JUNE
1, 1993 THROUGH MAY 31, 1994: Mr. Warden read the names of the
three bidders into the record. Said bid will be considered for
approval on June 16, 1993.
APPROVE PAVING AND SHOULDERING/JOHNSON SUBDIVISION - ENGINEERING
DEPARTMENT: Drew Scheltinga, County Engineer, recommended
approval of the low bid from Western Mobile - Northern.
Commissioner Kirkmeyer moved to approve said bid in the amount
of $55,997.00. Commissioner Baxter seconded the motion, which
carried unanimously.
BUSINESS:
NEW: CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR RONALD
FAHRENHOLTZ, DBA C J'S LIQUORS, AND AUTHORIZE CHAIRMAN TO SIGN:
Kim Fliethman, Sheriff's Department, said two violations are on
record in the past year. The first occurred in July of 1992
when the Sheriff's Department sent two minors into the store to
purchase liquor. The employee sold to the minors at that time,
and a citation was issued. Mr. Fahrenholtz, owner, pled guilty
and was given a six-month deferred sentence. The second
violation occurred May 20, 1993. An officer under the age of 21
was sent into the store to purchase liquor, and a different
employee sold to him. The case has not been resolved at this
time. Mr. Fahrenholtz explained that the incident in July
occurred with a new part-time employee. He said the employee
was fired immediately. The second incident occurred with a
38-year old employee who has always been a stable employee. Mr.
Fahrenholtz said the employee does regularly check ID' s;
however, this instance was just an oversight. In response to
questions from Commissioner Kirkmeyer, Mr. Fahrenholtz said the
employee involved in the second incident is still working. He
said the procedure of checking every ID was initiated last
August; however, the state told him if it was obvious the
customer was old enough, they did not have to be carded. He now
leaves it to the discretion of his employees whether or not to
card. In response to Chairman Harbert, Undersheriff Fliethman
said they try to check each licensed establishment twice each
year. He said about one-third of all the checks throughout Weld
County result in a violation being issued. (Let the record
reflect that Commissioner Webster is now present. ) In response
to a question from Commissioner Kirkmeyer, Mr. Fahrenholtz said
he has owned this establishment for the past ten years. After
further discussion, Commissioner Kirkmeyer moved to renew said
Retail Liquor Store License. She also strongly advised the
store owner to do his own testing of employees, as well as some
type of training. Commissioner Baxter seconded the motion.
Minutes - June 2, 1993
Page 2
With Chairman Harbert and Commissioner Baxter voting against the
motion and Commissioner Webster abstaining due to not hearing
all of the testimony, the motion failed. Lee Morrison,
Assistant County Attorney, explained it is not proper for the
Board to simply fail to renew a license. Instead, the proper
procedure is to set a hearing, with full notice given to the
owner. He said this license is due to expire in August, so
there is adequate time for the hearing process. In response to
a question from Chairman Harbert, Mr. Fahrenholtz said he would
prefer the hearing to be held on June 16, 1993. Commissioner
Kirkmeyer moved to set a hearing on June 16, 1993, at 10:00 a.m.
to consider whether or not to renew the Retail Liquor Store
License for Ronald Fahrenholtz, dba C J' s Liquors. Seconded by
Commissioner Baxter, the motion carried with Commissioner
Webster abstaining. The Board directed Undersheriff Fliethman
to research at least the past three years for violations prior
to that hearing.
CONSIDER DEPARTMENT OF THE ARMY PERMIT (404) WITH CORPS OF
ENGINEERS AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE 14.5/25A: Mr.
Scheltinga said this is the Fort Lupton bridge project, and the
permit includes the routine requirements which are always
included. The only special requirements have to do with
replacing wetlands and rehabilitating other wetlands, then
taking responsibility for those wetlands over a three-year
period. Mr. Scheltinga said all work is included in the
construction documents and are a part of the state grant.
Commissioner Kirkmeyer moved to approve said permit and
authorize the Chairman to sign. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER TWO AGREEMENTS FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS WITH BANK ONE, GREELEY, NA,
TRUSTEE, PARKER, AND HOBBS; AND INOUYE AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Scheltinga explained this is on the same project for
the Fort Lupton bridge. -Two agreements are included. The
first, with Mr. Inouye is for a total of $585 and involves some
fencing and culvert replacement. The price is based on recent
sales, as researched by Alan Miller, Engineering Department.
The second agreement is with Bank One and is in the amount of
$726. There are no special considerations included in said
agreement. Commissioner Baxter moved to approve said agreements
and authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY
ROAD 72 BETWEEN WELD COUNTY ROAD 15 AND STATE HIGHWAY 257: Mr.
Scheltinga explained a request was received regarding the lack
of speed limit signs on Weld County Road 72 between Weld County
Road 15 and State Highway 257. Recent traffic counts show a
substantial increase in the amount of traffic. Mr. Scheltinga
said there are eight houses on that stretch of road, as well as
two hills. Therefore, the Engineering Department is
recommending posting of "45 MPH Speed Limit" signs on Weld
County Road 72 between Weld County Road 15 -and State Highway
257. Commissioner Webster moved to install said signs, per the
recommendation of the County Engineer. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY
ROAD 17 AT WELD COUNTY ROAD 8: Mr. Scheltinga said a request
was received for the installation of "Stop" signs at the
intersection of Weld County Roads 17 and 8. Recent traffic
counts show a substantial amount of increase in traffic. Mr.
Minutes - June 2, 1993
Page 3
Scheltinga also said the corner is blind from the northwest
side. The Engineering Department is recommending a two-way stop
on Weld County Road 17 at Weld County Road 8. Commissioner
Baxter moved to approve said recommendation, and Commissioner
Kirkmeyer seconded the motion. Commissioner Webster asked if
the "Crossroad with Blind Corner" sign on Weld County Road 17
could be changed to a "Stop Ahead" sign. This would allow
warning of the stop prior to the hill, which is approximately
600' from the intersection. Commissioners Baxter and Kirkmeyer
agreed to add that change to the motion. On a call for the
vote, the motion carried unanimously.
CONSIDER EMERGENCY MEDICAL SERVICES COUNCIL BY-LAWS: Mr. Warden
said these are the revised By-Laws the Board discussed several
weeks ago in a worksession. Commissioner Webster moved to
approve said By-Laws. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO ENTER
UPON CERTAIN LANDS: Chairman Harbert said she spoke to Ron
Broda, Extension Service, regarding this request. He explained
this is the procedure necessary for him to enter on the lands
listed. All property owners have been notified by mail of the
weeds existing on their property. Commissioner Baxter moved to
approve said request. Seconded by Commissioner Kirkmeyer, the
motion carriedunanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS AND SELLING SAME
TO STRATICOMM, INC. : Mr. Warden explained the Dimension 2000
telephone system needs to be declared surplus in order to follow
the proper procedure to remove it from our fixed asset list. A
bid was sent out and Straticomm, Inc. was the only bidder who
responded. Their bid is in the amount of $1,250. Commissioner
Baxter moved to declare said equipment surplus and to accept the
bid from Straticomm, Inc. for the purchase of said equipment.
Seconded by Commissioner Webster, the motion carried
unanimously.
PLANNING: CONSIDER RE #1499 - YOUNG: Greg Thompson, Department of
Planning Services, entered the unfavorable recommendation of
staff into the record. Denial is recommended due to the high
density of divisions in the area, as well as the Agricultural
Goals included in the Weld County Comprehensive Plan. Staff
feels the parcel is suitable for crop production. Wallace
Young, applicant, presented pictures showing the surrounding
area, as well as the uses of property in the surrounding area.
Mr. Young explained the land is suitable only for dryland
farming and acts as a drainage catch for the surrounding area,
which makes it nonproductive. He reviewed the use of each
parcel nearby, and he explained this property has not been
divided since sometime prior to 1970. Mr. Young stated he has
a water supply and would use a septic system. His main reason
for requesting said recorded exemption is to allow him to build
a larger house in order to care for his parents in the future.
His present home, on Lot A, has too many stairs, etc. for an
elderly couple. There was no one present to speak for or
against said recorded exemption. In response to questions from
Commissioner Baxter and Chairman Harbert, Mr. Young stated he
has lived in his present home for five years, and he has raised
a few animals there. Chairman Harbert questioned the need for
another access since an easement could be worked out between the
two parcels. Further discussion ensued regarding the number of
accesses in this area. In response to a question from
Commissioner Kirkmeyer, Mr. Thompson explained his definition of
Minutes - June 2, 1993
Page 4
orderly and consistent development. Commissioner Kirkmeyer
reviewed the intent of the recorded exemption policy, listing
the three reasons adopted by the Board as guidelines for
granting a recorded exemption. (Changed to Tape #93-20. ) In
response to a question from Commissioner Baxter, Mr. Young
stated there is no way he can afford to build another house on
the property without selling part of it to finance the new home.
After further discussion, Commissioner Kirkmeyer moved to deny
Recorded Exemption #1499. Seconded by Commissioner Webster, the
motion carried three to one, with Commissioner Baxter voting
against said motion.
CONSIDER RE #1501 - WIEDEMAN: Lanell Adler, Department of
Planning Services, entered the unfavorable recommendation of
staff into the record. Albert Wiedeman explained the parcel
being referred to as Lot B has a real steep slope, making
irrigation impossible; therefore, only hay or grass can be grown
on it. In response to a question from Commissioner Webster, Mr.
Wiedeman explained well water is available for both parcels.
Chairman Harbert questioned the proposed use for both parcels.
Mr. Wiedeman explained they will be requesting a Minor
Subdivision for Lot B; however, Lot A will be left as it is now.
After further discussion regarding plans concerning a Minor
Subdivision, Commissioner Webster moved to approve Recorded
Exemption #1501, with six Conditions of Approval, as presented
by staff. Commissioner Baxter seconded the motion. In response
to a question from Commissioner Webster, Mr. Wiedeman agreed to
the proposed Conditions of Approval. The motion carried
unanimously.
CONSIDER RE #1503 - CHASE AND BAXTER INVESTMENTS: Ms. Adler
said the applicant is requesting this matter be continued to
July 7, 1993, since their representative is out of town at
present. Commissioner Kirkmeyer moved to continue this matter
to July 7, 1993, at 9:00 a.m. Seconded by Commissioner Webster,
the motion carried unanimously.
CONSIDER DELETING REQUIREMENTS OF CONDITION 2T(2) OF RESOLUTION
GRANTING FINAL P.U.D. PLAN, FIRST FILING - HARRISON RESOURCE
CORPORATION: Ms. Adler presented staff's recommendation to
delete said requirement at the request of the Windsor School
District #RE-4. Commissioner Webster moved to delete said
Condition, per staff recommendation. 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.
Minutes - June 2, 1993
Page 5
There being no further business, this meeting was adjourned at
10:25 A.M.
APPROVED:
ATTEST: F `•� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COUNTY, COLORADO
/�//�Weld County Clerk to the Board ! ,n,,.-s7.,,-, L_ e-
� nnn r' �/�/� Constance L. H rberDt,IChairman
BY: C/i k- -C,� 7C- ! l/.-e l'�i . / L� il , .P/''
Deputy Cl rk to the Board W. H. bster, Pro-Tem
EXCUSED DATE OF APPROVAL
George E. Baxter
EXCUSED
Da K. Hall i
/�� �1 1Barbara J. Kirkmeyer
Minutes - June 2, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JUNE 2, 1993
TAPE #93-20
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 2, 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 - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Lee Morrison
Acting Clerk to the Board, Carol Harding
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of Social Services meeting of May 26, 1993, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
WARRANTS: Carol Harding presented the warrants for approval by the Board
in the amount of $102,953.80. Commissioner Webster moved to
approve the warrants as presented by Ms. Harding. Commissioner
Baxter seconded the motion, which carried unanimously.
NEW BUSINESS: CONSIDER EMERGENCY SHELTER GRANT CONTRACT WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE
CHAIRMAN TO SIGN: Jim Sheehan, Social Services, reviewed said
contract concerning operational funding for the homeless
programs in Weld County. Out of $35,000 requested, funds of
$17,000 were received: A Woman's Place - $6,205; Transitional
House - $5,440; Guadalupe Center - $5,355. Mr. Sheehan also
requested approval of the contracts among local providers.
Commissioner Baxter moved to approve said contracts and
authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, 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
10:30 A.M.
APPROVED:
h 1; M-Nr bN
ATTEST: li :G��,;,y BOARD OF COUNTY COMMISSIONERS
W "wc` WE COUNTY, COLORADO
Weld County Clerk to the Board �C1�,v'�; at
Constance L. H rbert, Chairman
By: . kTh J, ��t& /0X1241
Deputy Cletk to the Board W. H. Webster, Pro-Tem
EXCUSED DATE OF APPROVAL
George E. Baxter
EXCUSED
Dale,K. Hall /
yarbara J. Kirkmeyer
Minutes - June 2, 1993
Page 2
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