HomeMy WebLinkAbout941450.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 9, 1994
TAPE #94-11 AND #94-12
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, March 9, 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, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of March 7, 1994, as printed.
Commissioner Harbert seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Harbert moved to approve the hearings conducted on
March 8, 1994, as follows: 1) Violation Hearings. Commissioner
Baxter seconded the motion, and it carried unanimously.
ADDITIONS: Consider ZPMH #1896, #1897, and #1898 for Jacob and Terry Hirsch
were added as #2, #3, and #4 under Planning.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Harbert seconded the motion, and it
carried unanimously.
PUBLIC INPUT: There was no public input offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 316, 731.59
Payroll Fund $ 2, 715.01
Handwritten Warrants:
General Fund $ 9,208.09
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Hall seconded the motion, which
carried unanimously.
941450
BIDS: PRESENT HOUSEHOLD HAZARDOUS WASTE SERVICES - HEALTH DEPARTMENT:
Pat Persichino, Director of General Services, presented the bids
received from eight vendors. Said bid will be considered for
approval on March 23, 1994.
APPROVE RUBBERIZED CRACK FILLING - ENGINEERING DEPARTMENT: Mr.
Persichino read the recommendation from the Engineering
Department for approval of the low bid, which was received from
Asphalt Improvements, Inc. , in the amount of $53,200.
Commissioner Hall moved to accept said bid. Seconded by
Commissioner Baxter, the motion carried unanimously.
APPROVE BITUMINOUS PAVEMENT MIX - ROAD AND BRIDGE DEPARTMENT:
Mr. Persichino reviewed the recommendation received from Dave
Becker, Assistant Road and Bridge Director, which was based on
the lowest cost per ton to the job site. He recommended
approval of the bid from Western Mobile, Greeley plant, for the
following: 50 tons of cold bituminous pavement mix at $27.50
per ton; 80,000 tons north - hot bituminous pavement mix at
$14.22 per ton; 10, 000 tons south - hot bituminous pavement mix
at $15.50 per ton; and 50,000 gallons of emulsified asphalt at
$0. 75 per gallon. He also recommended approval of 25 tons of
AC-10 from Bestway Paving at $112.00 per ton, which was the low
bid for that particular item. Mr. Becker also asked for
approval to purchase from Western Mobile if the AC-10 is not
readily available from Bestway Paving. Responding to a question
from Commissioner Hall, Mr. Becker explained the bid specified
emulsified asphalt would be purchased from the vendor who won
the asphalt bid, instead of awarding separately by bid amount.
Commissioner Hall moved to accept the bid as recommended by
staff. Seconded by Commissioner Harbert, the motion carried
unanimously.
BUSINESS:
NEW: CONSIDER MEMORANDUM OF UNDERSTANDING WITH GREELEY URBAN RENEWAL
AUTHORITY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained
this matter references the Community Development Block Grant
(CDBG) for the Island Grove Regional Treatment Center which is
being sponsored by Weld County. He stated the City of Greeley
is also participating with some CDBG funds and said agreement
delineates the responsibilities of each party. Commissioner
Harbert moved to approve said memo of understanding and
authorize the Chairman to sign. Seconded by Commissioner
Baxter, the motion carried unanimously.
CONSIDER PLOWING PERMIT AND ACCEPT COLLATERAL FOR CHARLES E.
NUSSBAUM AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County
Attorney, stated the proper fees have been paid and said
application is in order. Collateral is being offered in the
form of a permit bond which satisfies the concerns of Weld
County. Commissioner Baxter moved to approve said permit,
accept the collateral, and authorize the Chairman to sign said
permit . Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 39 BETWEEN WELD
COUNTY ROADS 72 AND 74: Commissioner Hall moved to approve said
closure. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER APPOINTMENT OF GEORGE CICOFF AS DIRECTOR OF PUBLIC
WORKS: Commissioner Hall moved to appoint George Cicoff as
Director of Public Works. Seconded by Commissioner Baxter, the
motion carried unanimously.
Minutes - March 9, 1994
Page 2
CONSIDER CORRECTED RESOLUTION RE: APPROVE REQUEST FOR AN
EXCEPTION LOCATION TO DRILL A COMMINGLED WELL FROM ENERGY
MINERALS CORPORATION: Mr. Barker explained said Resolution was
completed with a percentage included for royalties to be paid to
Weld County when, in fact, Weld County has no percentage of
interest in this particular location. Commissioner Baxter moved
to approve the corrected resolution. Seconded by Commissioner
Harbert, the motion carried unanimously.
PLANNING: CONSIDER AMENDED RE 41373 - LARSON: Monica Mika, Department of
Planning Services, requested this matter be continued to after
the 10:00 a.m. hearings today, in order for the Board to hold
two Minor Subdivision hearings concerning the subject property
prior to hearing said Recorded Exemption. After discussion
concerning which matter should be heard first, Commissioner Hall
moved to continue this matter to 10:00 a.m. , which would allow
legal counsel to make recommendations to the Board concerning
which should be heard first. Seconded by Commissioner Baxter,
the motion carried unanimously.
CONSIDER ZPMH #1896 - HIRSCH: Ms. Mika requested the next three
matters be continued one week. Commissioner Hall explained
there was a communication problem concerning the notification to
surrounding property owners and moved to continue this matter to
March 16, 1994, at 9:00 a.m. Seconded by Commissioner Harbert,
the motion carried unanimously.
CONSIDER ZPMH #1897 - HIRSCH: This matter was continued with
the previous motion.
CONSIDER ZPMH #1898 - HIRSCH: This matter was continued with
the previous motion.
Let the record reflect a recess was taken at 9:25 a.m. until
10:30 a.m. , and upon reconvening, Shelly Miller was acting Clerk
to the Board.
CONSIDER AMENDED RE #1373 - LARSON: Ms. Mika entered staff's
recommendation for denial into the record. She explained there
were problems with the legal description and boundaries of Lot
B of RE #1373; therefore, the applicants were advised to amend
said Recorded Exemption to correct the problems. However,
instead of correcting the problem, they are creating an
additional lot. In response to questions from the Board, Ms.
Mika explained amending Lot B of the original RE #1373 would
result in creating three lots. The applicants own Lot B, which
is 180+ acres, and the boundary has been corrected, but not
through an amended recorded exemption. Lot A contains a
residential house on farmable ground. She reiterated staff's
intent was to correct the boundary. Discussion ensued
concerning the five-year limitation to apply for another
recorded exemption on the same property, and Mr. Barker
clarified a recorded exemption could be amended or corrected
within five years, but he questioned the creation of an
additional lot. Ms. Mika said RE #1373 was approved on
October 19, 1991. John Chilson, Attorney representing the
applicants, explained RE #1373 created Lot A prior to the
Larson's owning Lot B, which was acquired through a foreclosure
sale excluding Lot A. He stated Lot B consists of 190 acres
with two legal lots in one parcel, which could be used for minor
subdivision purposes. Mr. Chilson explained the metes and
bounds problems and that Chuck Cunliffe, Director of the
Planning Department, had suggested the amended recorded
exemption process. He said the applicants are willing to comply
as suggested by Mr. Cunliffe, even though two legal lots already
exist. Mr. Barker referred to the Zoning Ordinance and
clarified Lot B is only one buildable lot. Discussion ensued
Minutes - March 9, 1994
Page 3
concerning the definition of a legal lot. (Changed to Tape
#94-12. ) Mr. Chilson reiterated his position and said he has
advised the Larsons that they have two legal lots and to proceed
with the amended recorded exemption to be cooperative. He
stated the Larsons are in agriculture and do want to conform
with Weld County's regulations; however, they were advised only
a couple days ago that staff recommended denial. After further
discussion between Mr. Chilson and Mr. Barker, Mr. Barker stated
his opinion and advice to the Board was Lot B is only one
buildable lot. Mr. Barker further clarified, on behalf of the
Board, this is an amended recorded exemption, not a new one;
therefore, it could be considered within the five-year period.
He also clarified two legal lots could be created without a
recorded exemption if Lot B were not already part of a previous
recorded exemption. Donna Larson, applicant, said this
amendment to shrink the lot was strictly at the direction of Mr.
Cunliffe. She also understood RE #1373 was completed in 1986,
with a boundary correction completed in 1991, and reiterated it
was Mr. Cunliffe's idea to shrink the lot down to 86 acres. Ms.
Larson indicated Lee Morrison, Assistant County Attorney, also
encouraged them to proceed with the amendment. She requested
this matter be considered independent from the minor
subdivisions and on its own merits and reviewed the criteria
which has been met. In response to questions from the Board,
Ms. Larson stated the two north 25-acre tracts are farmable;
however, 140 acres below the river is rolling, was filled with
noxious weeds and had been ignored for ten years when they
purchased it, and is currently fenced with cattle. She
explained water is planned for all lots, which will be better
maintained by rural residential living since the 140 acres is
non-productive. The two upper lots have been reserved as large,
farmable lots and a circle irrigation system has been installed.
After answering further questions from the Board, Ms. Larson
indicated they were ready to proceed with the minor subdivisions
a year ago; however, they were directed by Mr. Cunliffe to amend
Lot B to a smaller size at that time. Discussion ensued
concerning aerial photos and an eleven-year history of the
property, and Ms. Larson indicated there are Canadian thistle
and bindweed on the property. Larry Intermill, Land Surveyor,
said he had researched the boundary problem and the Larsons now
have a clear title through deeds. He also attended the meeting
with Mr. Larson and Mr. Cunliffe concerning solving the problem
with minor subdivisions and was advised to proceed with the
amended recorded exemption, then the minor subdivisions. After
discussion, Mr. Barker clarified RE #341 was done in 1979 and RE
#1373 was done in 1991 which divided the original Lot B of RE
#341 into two lots. Ivar Larson, applicant, said he bought the
lot based on a 1986 Traveler's deed, which included a natural
division and an easement for Panhandle's pipeline. He said a
lot line ran through the house on Lot A and explained the
boundary lines. They obtained a metes and bounds description
through quit claim deeds; however, Mr. Cunliffe informed them
that they did not have even one legal buildable lot. Therefore,
they proceeded to clarify the lot lines with an amended recorded
exemption per Mr. Morrison and Mr. Cunliffe. Mr. Larson further
explained when he bought the property it was divided by deeds
into approximately six parcels and the metes and bounds
description was cleared up and returned to one piece and one PIN
number, as one 190-acre parcel with one tax notice. Discussion
ensued concerning dates of previous recorded exemptions, the
foreclosure, and the Traveler's deed. Mr. Larson indicated the
lot line that ran through the house was changed through quit
claim deeds and they were deeded the lake and the property
underneath it in April 1992. Ms. Mika confirmed there were no
subdivision exemptions on the property. Mr. Larson entered his
notes from the March 1993 meeting with Mr. Intermill and Mr.
Cunliffe into the record as Exhibit A. He reiterated that Mr.
Cunliffe indicated a building permit could not be issued and
Minutes - March 9, 1994
Page 4
recommended they reduce the land area for Lot B. After further
discussion, Mr. Barker explained the assessments on the property
were split up for tax purposes, and possibly the individual who
was granted RE #1373 did not own all the land. However, the
Larson's now own the entire Lot B, which would now be two
different lots through this amendment. Mr. Larson indicated the
east and west halves were split naturally. Ms. Mika indicated
that split was the result of SUP #465 approved on June 26, 1981,
for a horse/dairy operation; however, the buildings were never
completed and bankruptcy occurred. Mr. Larson indicated he had
contacted the Corps of Engineers concerning the lakes and pond
on the property. In response to a question from Commissioner
Hall, Ms. Mika indicated Mr. Cunliffe would be available for
testimony at 2:00 p.m. today.
Let the record reflect a recess was taken at 11:45 a.m. until
1:45 p.m.
Upon reconvening, Mr. Chilson advised the Board he must be in
Larimer County Court at 3:30 p.m. today; however, he would be
willing to allow the opposition's testimony in his absence. He
submitted Exhibit B, a map of the boundary of RE #1373 prepared
by Mr. Larson, who is a Registered Professional Engineer, and
Exhibit C, a plat map of SUP #465. Mr. Chilson referred to
Exhibit C and explained the 1981 survey differs from RE #1373
and included a disclaimer, indicating Lot B's boundaries were
not certified. He noted neither coincide with the actual
boundaries owned by the Larsons. At the request of the Board,
Mr. Cunliffe explained the Larsons worked primarily with Nancy
Kirkley, who was a previous Planner. He stated the intent was
for two minor subdivisions, for which they need two legal lots;
the 190-acre parcel should be reduced to the minimum lot size of
80 acres; and the boundaries are irrelevant. Mr. Cunliffe
reiterated the original intent and stated he did not suggest the
amended recorded exemption split the parcel in half. Mr. Barker
clarified, after consultation with Mr. Morrison and Mr.
Cunliffe, that the shrinking of Lot B to 80 acres on the west
side and creating a new Lot B of 80 acres on the east side would
not be prohibited by the five-year exemption. He further
explained the lots created by the previous recorded exemptions.
Mr. Cunliffe said it is not uncommon to reduce a lot in size
through an amendment. After discussion and in response to a
question from Mr. Chilson, Mr. Cunliffe stated Lot B, consisting
of approximately 185.06 acres, is a buildable lot and clarified
RE #1373 could be reduced to exclude 80 acres. Ms. Mika
referred to the Comprehensive Plan and reiterated the intent of
the amended recorded exemption was to subdivide into minor
subdivisions, which does not meet the criteria. No public
testimony was offered concerning Amended RE #1373. Commissioner
Baxter stated the amended recorded exemption process should
clear up these problems and should be a separate issue from the
minor subdivision applications and considered on its own merits.
He said the amendment meets the criteria and moved to approve
Amended RE #1373 for Ivar and Donna Larson, and Commissioner
Harbert seconded the motion. Commissioner Hall reiterated the
concerns of staff and reviewed the criteria for recorded
exemptions, stating this application does not fit said criteria.
Commissioner Harbert agreed with Commissioner Hall to an extent;
however, the original recorded exemption was approved some time
ago and was beyond the purchasers realm of knowledge.
Therefore, to correct the original recorded exemption, and after
hearing Mr. Cunliffe's testimony, the amendment must be approved
to resolve the matter. Commissioner Baxter stated the Amended
Recorded Exemption changes go beyond the criteria of a normal
recorded exemption and reiterated the need to straighten out the
original recorded exemption, which he considers a criteria
beyond the definition of a normal recorded exemption. Mr.
Cunliffe clarified, on behalf of Commissioner Harbert, that a
Minutes - March 9, 1994
Page 5
parcel can be made smaller or larger through an amendment;
however, the intent behind the submittal of the amendment was
not to adjust the boundaries, but to apply for minor
subdivisions. He stated an option would be to correct the
boundaries and leave the parcel at 185 acres, and he reiterated
the applicants' purpose was to create two lots and then apply
for minor subdivisions. Mr. Cunliffe suggested the minor
subdivision applications be considered prior to the Amended
Recorded Exemption. He explained if the amendment were
approved, two lots would exist on which to locate the minor
subdivisions; however, without the amendment, there could be no
subdivisions. Mr. Barker clarified if the two minor
subdivisions were approved prior to the Amended Recorded
Exemption, there would not be two lots on which to put them.
Mr. Cunliffe suggested the matter be considered together and
reiterated the potential for two residences if the amendment
were approved. Mr. Chilson indicated concern that staff was
allowed to interject. Ms. Mika submitted Conditions of Approval
to the Board for review. Commissioner Baxter amended his motion
to include the Conditions of Approval, and Commissioner Harbert
accepted said amendment to the motion. Mr. Chilson said the
applicants accepted the Conditions of Approval. On a roll-call
vote, the motion carried three to one with Commissioner Hall
voting nay.
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
2:30 p.m.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
L4/ // / 7 WELD COUNTY, C LORADO
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Weld County Clerk to the Board %
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By: 44,,c1,11 / le;_....rz_
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Deputy Clerk to the card Da K. Hall 1. (//_ f/
/Georg91E. Baxter
Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
Minutes - March 9, 1994
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MARCH 9, 1994
TAPE 1194-11
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, March 9, 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, Carol Harding
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of March 7, 1994, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
WARRANTS:
Carol Harding, Finance and Administration, presented the
warrants for approval by the Board in the amount of $45,390.41.
Commissioner Hall moved to approve the warrants as presented by
Ms. Harding. 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
9:30 a.m.
1 APPROVED:
ATTEST: / A ',IA BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
12414 /V vvit
Weld County Clerk to the Board W. H. Webster, Chairman
By: 4LA,42, B DKPrTem
Deputy Clerk to the Board /4Li?
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ga�E. Baxter
(11 :.+1i
Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
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