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Home My WebLink About941566.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 21, 1994 TAPE #94-45 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 21, 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- EXCUSED Also present: 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 November 16, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Harbert moved to approve the hearings conducted on November 16, 1994, as follows: 1) Amended Special Review Permit for a trucking operation to service the agricultural industry, Michael Willits; and 2) Special Review Permit for a commercial use (truck parking and business) in the A (Agricultural) Zone District, Robert and Kathleen Schneider. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given today. PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 447,822.41 Payroll Fund $ 3,649.11 Handwritten Warrants: Payroll Fund $ 989.00 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion,which carried unanimously. 941566 BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROM WESTERN AUTO SUPPLY COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, stated Warren Lasell, Assessor, recommended approval on said petition. He indicated the abatements are for 1992, in the amount of$5,253, and for 1993, in the amount of$5,230. Commissioner Hall moved to approve said abatement and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER FIVE TAX ABATEMENT PETITIONS FROM MARTIN EXPLORATION MANAGEMENT COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated Mr. Lasell recommended approval of these five abatements, which are in different amounts for tax on different wells. He indicated the abatements include the following wells and amounts: Shivers#1, for $3,838.94; Putnam #1, for $5,381.04; Glens #2, for $4,553.34; Richardson #1, for $5,269.90; and Walsh #1, for $4,324.82. Commissioner Harbert asked if the wells were assessed twice, and Mr. Barker explained inaccurate information on the wells may have been reported. Mr. Warden explained sometimes when wells are sold, both parties report. Commissioner Harbert moved to approve said abatements and authorize the Chairman to sign. The motion was seconded by Commissioner Hall, and it carried unanimously. CONSIDER REQUEST TO ESTABLISH A CHANGE FUND FOR THE AMBULANCE ENTERPRISE FUND: Mr. Warden stated the Ambulance Department has requested a change fund, in the amount of $50.00, be established. He explained the Department has been using receipts as they came in, but daily money pickups will now be made, therefore, requiring the change fund. Commissioner Baxter moved to approve said request, and Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 18 AND WELD COUNTY ROAD 37: Commissioner Baxter indicated he spoke with Drew Scheltinga, Public Works Department, this morning, and this is a crooked intersection with an accident history; therefore, it has been recommended that two stop signs be installed on Weld County Road 18 at its intersection with Weld County Road 37. Commissioner Harbert moved to approve said installation, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 32.5 BETWEEN WELD COUNTY ROADS 21 AND 23 FOR BRIDGE REPLACEMENT: Commissioner Hall moved to approve said closure, and Commissioner Baxter seconded the motion. It carried unanimously. CONSIDER APPOINTMENT OF MARCELO A. KOPCOW AS DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Hall moved to approve said appointment, and Commissioner Baxter seconded the motion. Mr. Barker suggested the word "monthly" be inserted in front of the word "salary" on Page 2 of the document. The motion carried unanimously. CONSIDER REPORT OF CHANGES TO 3.2 BEER LICENSE FOR WINNY ENTERPRISES, INC., DBA PIZZA HUT RESTAURANT, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained this report indicates a change of manager at the Pizza Hut on 8th Avenue in Greeley. He noted the individual, Alan Hohenbrink, still needs to bring in his individual history record and fingerprints; therefore, he recommended conditional approval. Responding to questions from the Board, Mr. Barker explained the fingerprints will allow a background check through CBI and again suggested the matter be conditionally approved. Commissioner Hall moved to approve said report and authorize the Chairman to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously. Minutes - November 21, 1994 Page 2 CONSIDER OIL AND GAS DIVISION ORDER TO FRONTIER OIL AND REFINING COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - NE 1/4 SW 1/4, S26, T6N, R66W: Mr. Barker stated the interest reported on the division order is correct and recommended the Chairman be authorized to sign. Commissioner Baxter moved to approve said division order and authorize the Chairman to sign. Commissioner Hall seconded the motion, which carried unanimously. FINAL READING OF ORDINANCE NO. 136-I, IN THE MATTER OF THE SETTING OF THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN, SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Hall moved to read said ordinance by title only, and Commissioner Baxter seconded the motion, which carried unanimously. Mr. Barker read the title of the ordinance into the record, and no public testimony was offered. Commissioner Hall moved to approve Ordinance No. 136-I on final reading. The motion was seconded by Commissioner Baxter, and it carried unanimously. PLANNING: CONSIDER RE #1653 - HEIN (CONT. FROM 11/09/94): Keith Schuett and Shani Eastin, Planning Department, were present, and Mr. Schuett read staffs recommendation for denial into the record. Chairman Webster informed the Board that only four Commissioners are present and, if the applicant wishes to proceed and in the event of a tie vote, Commissioner Kirkmeyer will review the record and cast the deciding vote. Richard Hein, applicant, requested the Board proceed. He explained he farms 900 acres and has severe financial problems; therefore, since he has the opportunity, he would like to sell 17 acres with an existing residence to a gentleman who raises organic vegetables. He stated he plans to continue farming the remaining 40 acres of this farm and does not plan to build on it. Mr. Hein stated he would even agree to sign a moratorium not to build and reiterated he needs to substantially reduce his debt to stay in business. He explained he now rents the existing house; however, a man from Boulder wishes to purchase the property and live in the home. Responding to questions from the Board, Mr. Hein confirmed there is plenty of irrigation water available, which will be deeded with the land. He stated his main crop is 600 acres of hay, with 300 acres being in corn, beans, beets, or grains. Discussion ensued concerning the surrounding homes and lots, and Mr. Schuett clarified the existing and proposed boundaries and the access to proposed Lot B from Weld County Road 23. After further discussion, Mr. Barker clarified the Subdivision Ordinance states any legal lot is a buildable lot and does not allow for a building moratorium. No public testimony was offered. Responding to further questions from the Board, Mr. Hein stated he is financially embarrassed, and the sale of this lot would reduce his $450,000.00 debt to approximately $300,00.00, which would substantially help. He noted he does not want to sell; however, it may keep him from losing the rest of his property. Mr. Hein made further comments and, responding to a question from Commissioner Baxter, stated he preferred to keep the 40 acres because it is good, dependable, farm ground. Mr. Schuett stated staff is recommending the standard Conditions of Approval, excluding the Condition concerning the septic requirements since the home was built in 1986. He confirmed the applicant is familiar with said Conditions and one access per legal lot already exists. Commissioner Harbert stated she understands the financial difficulties but questions whether reducing the debt by one-third will take care of the problem; however, she moved to approve RE#1653 for Richard Hein, with the Conditions of Approval as recommended by staff. Commissioner Baxter seconded the motion, and Mr. Hein consented to said Conditions of Approval. Commissioner Baxter then stated he understands Planning staffs concerns since the request opens the possibility of building, but Mr. Hein indicated he plans to leave Lot B as farm ground. He stated he would feel more comfortable with a moratorium because, if Mr. Hein sells the property, it will probably be built on; however, he wants to see farming continue and agreed keeping the better land will help. Commissioner Baxter stated he will vote yes, but he wanted to note his concerns. Commissioner Harbert stated she has the same concerns. On a roll-call vote, the motion carried unanimously. Minutes - November 21, 1994 Page 3 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 136-I 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 9:45 a.m. t A APPROVED: ATTEST: A I iOdet _O BOARD OF COUNTY COMMISSIONERS �,DD ��11 !! WELD COUNTY, COLORADO Weld County Clerk to the Board //� .1/ _C toe p,, tQ BY: 9ryry h(' Webs er, irm n /1tI at t6ht d Deputy Clerk t t e Board Dale , Hall 'George Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Minutes - November 21, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO NOVEMBER 21, 1994 TAPE #94-45 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 21, 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- EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of November 16, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. WARRANTS: Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by the Board in the amount of $105,059.92. Commissioner Hall moved to approve the warrants as presented by Ms. Miller. Commissioner Harbert 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 9:50 a.m. APPROVED: ATTEST: /1) __ / JJG't BOARD OF COUNTY COMMISSIONERS C+t Y�t/J WELD/COUNTY, OLORADO Weld County Clerk to the Board It I I,/ 2 /lc L W. H. Webster, Ch irman By: la - V : /(4 . •_ Deputy Clerk � vthe Board Dale Kull, Pro-Tem 7 i >4 /eorge F. Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Hello