HomeMy WebLinkAbout921328.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 15, 1992
TAPE #92-13 & #92-14
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, April 15, 1992, 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 George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
Also present:
Weld County Attorney, Thomas 0. David
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board
of County Commissioners meeting of April 13, 1992, as printed.
Commissioner Harbert seconded the motion, and it carried
unanimously.
ADDITIONS AND
DELETIONS: Items #2 and #3 under New Business were deleted. There were no
additions to today's agenda.
CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as
printed. Commissioner Kirby seconded the motion, and it carried
unanimously.
PROCLAMATIONS: PROCLAIM APRIL 18, 1992, AS EARTH DAY, 1992: Chairman Kennedy
read said proclamation into the record and presented it to Judy
Schmidt, Health Department representative.
PRESENTATIONS: CERTIFICATE OF APPRECIATION - SCHOOL DISTRICT RE-3J: Chairman
Kennedy read said certificate into the record and presented it
to Dr. Simon, representative of said school district.
CERTIFICATE OF APPRECIATION - SCHOOL DISTRICT 6: Chairman
Kennedy read said certificate into the record and presented it
to two representatives from said school district.
DEPARTMENT HEADS AND
ELECTED OFFICIALS: Chuck Cunliffe, Planning Director, reported on the first quarter
of 1992, which he compared to the first quarter of 1991. He
said in the area of Current Planning, there has been a 2.3%
decrease in land-use cases requiring public hearings, and a
52.6% decrease in staff-reviewed applications. In the area of
Public Assistance there has been a 175% increase. Mr. Cunliffe
reported a 10.5% decrease in the number of building, electrical,
and mobile home permits issued, and a 24. 7% decrease in total
valuation of permits issued. A 3.4% decrease in the number of
inspections has occurred, with a 25.6% decrease in the number of
building code violations. The number of zoning complaints
investigated decreased 17.6%, with a 13.5% decrease in violation
cases.
921 328
DEPARTMENT OF PLANNING SERVICES
SUMMARY OF ACTIVITIES
FOR PERIOD ENDING MARCH 31, 1992
CURRENT PLANNING
The department received and processed a total number of 42 land-use cases that
required public hearings. This figure is a 2.3% decrease from the total number
of cases processed during the same time period in 1991. The department processed
43 cases during 1991. The department also reviewed a total of 9 staff-issued
applications. This figure is a 52.6% decrease in the total number as
applications reviewed during the same time period in 1991. The department
reviewed 19 during 1991.
The staff reviewed and approved a total of 31 different applications utilizing
the administrative review process for reviewing recorded exemptions, subdivision
exemptions, and zoning permits for mobile and manufactured homes. This figure
represents 73.8% of the total cases submitted that required public hearings.
PUBLIC ASSISTANCE
Planning personnel responded to a total number of 2,869 public inquiries. These
included 2,304 telephone calls and 565 interviews. This compares with a total
number of 1,041 inquiries during the same time period in 1991 and represents a
176% increase. These figures do not include inquiries with the Director,
administrative support staff, or building inspection personnel.
BUILDING PERMITS. INSPECTIONS. AND COMPLIANCg
The department issued 357 permits. These included 279 building permits, 50
electrical permits, and 28 mobile home permits. These figures reflect a 10.5%
decrease when compared to the number of permits issued during the same time
period in 1991. (399 permits issued during 1991.) Total valuation of permits
decreased 24.7% when compared to the valuation of permits issued during the same
time period in 1991. ($6,485,822 in 1992 and $8,613,405 in 1991.)
The department conducted 2,240 construction inspections. This figure is a 3.4X
decrease in the number of inspections compared to those conducted during the same
time period in 1991. (2,319 in 1991). As of March 31st, there were 2,341 active
permits. This figure includes 937 town permits, 80 mobile home permits, and 1,324
county permits.
The department processed 29 building code violations. This figure is a 25.6%
decrease when compared to the number of violations processed during the same time
period in 1991. (39 in 1991). As of March 31st, there were 73 building code
violation cases in progress.
ZONING COMPLIANCF<
The department investigated 40 zoning complaints and processed 32 zoning
violations. This is a 17.6% decrease in the number of complaints investigated
and a 13.5% decrease in violation cases when compared to those investigated and
processed during the same time period in 1991 (34 complaints and 37 violation
cases in 1991). As of March 31st, there were 141 zoning violation cases in
progress.
The priorities established for responding to zoning complaints are: called-in
complaints from the public, active violation cases in progress, and staff
initiated complaints found on routine field inspections.
Curt Probert, Extension Director, reported that two individuals
will be interviewed for the Weld County Extension Agent
(Dairy/Youth) position to fill the vacancy left by Alvie Roth's
retirement. He also reported on various 4-H Youth Programs
including the Children's Water Festival, which has been very
successful. Mr. Probert reported on Adult Programs, saying the
Master Gardeners will have a booth at the Earth Day Fair. He
also reported on legal constraints on farmers and a new "Oil
Recycling" program for farmers. Commissioner Harbert commended
Mr. Probert for his hard work and for the new programs which
have been initiated. She also commented that the Children's
Water Festival was excellent.
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General fund $314, 018.12
Handwritten warrants:
General fund $ 510.00
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Harbert seconded the motion which
carried unanimously.
BIDS: PRESENT MOWING/HERBICIDAL - COOPERATIVE EXTENSION: Pat
Persichino, Director of General Services, read the names of the
bidders into the record. Said bid is to be approved on April
29, 1992.
PRESENT COUNTY NEWSPAPER - ALL DEPARTMENTS: Mr. Persichino read
the names of the bidders into the record, with Windsor Beacon
being the low bidder. Said bid is to be approved on April 29,
1992.
APPROVE COPIER - HEALTH DEPARTMENT: Mr. Persichino recommended
this matter be extended one week.
APPROVE 1992 CHIP AND SEAL PROJECT - ENGINEERING DEPARTMENT:
Mr. Persichino read a memo from Drew Scheltinga, County
Engineer, recommending the low bid of Best-Way Paving Company
for Alternates No. 1 and 2; thus, if there are any problems with
quality or quantity as experienced last year with the RC-800-R,
Alternate No. 1, we could then switch to the CRS-2P, Alternate
No. 2, without delaying the project. Alternate No. 2 is higher
than Alternate No. 1 by $16,361. 70, which amounts to $176.69 per
mile. The total for Alternate No. 1 is $715,085.65, and
Alternate No. 2 is $731,446. 75. Commissioner Lacy moved to
approve staff recommendation, and Commissioner Harbert seconded
the motion. It carried unanimously.
APPROVE 1992 SEAL COAT PROJECT - ENGINEERING DEPARTMENT: Mr.
Persichino read a memo from Don Carroll, Administrative Manager
of Engineering, recommending the low bid for Alternate No. 2 of
Thompson Valley Sealcoating Company for a total of $199,968.11.
Mr. Scheltinga answered questions of the Board regarding the
difference between Seal-Gard, Alternate No. 1, and Diamond Coat
Blend, Alternate No. 2. Mr. Scheltinga said, of the samples
that were done last year, the Diamond Coat Blend is performing
much better and is cheaper than Western Mobile Northern's Seal-
Gard. Commissioner Webster moved to approve staff
recommendation, and Commissioner Harbert seconded the motion.
It carried unanimously.
Minutes - April 15, 1992
Page 2
APPROVE WELD COUNTY AMBULANCE FACILITY/LANDSCAPING AND SPRINKLER
SYSTEMS FOR AMBULANCE FACILITIES (BUILDINGS NO. 1 AND NO. 2) -
FINANCE DEPARTMENT: Mr. Persichino recommended the low bid of
Adams Landscape Contractors, with Building #1 being $7,027.50,
and Building #2 being $8,215.00, for a total amount of
$15,242.50. Commissioner Lacy moved to approve said bid, with
Commissioner Webster seconding the motion which carried
unanimously.
APPROVE WELD COUNTY AMBULANCE FACILITY/MANHOLE AND SEWER LINE
EXTENSION TO SERVICE BUILDING AT GREELEY SITE (BUILDING NO. 1) -
FINANCE DEPARTMENT: Mr. Persichino said the low bid is from
Fisher Mechanical Contractors, in the amount of $16, 770.00, and
recommended approval. Commissioner Lacy moved to approve said
bid. The motion was seconded by Commissioner Harbert, and it
carried unanimously.
Mr. Persichino said the bid for the copier for the Health
Department needs to be extended two weeks, to April 29, 1992,
instead of only one week as previously stated.
BUSINESS:
NEW: CONSIDER RESOLUTION RE: ENDORSING PASSAGE OF SENATE BILL 1174
AND HOUSE BILL 3468 CONCERNING DESIGNATION OF CACHE LA POUDRE
RIVER BASIN AS A NATIONAL WATER HERITAGE AREA: Commissioner
Kirby moved to approve said resolution, and Commissioner Webster
seconded the motion. The motion carried four to one, with
Commissioner Lacy voting nay.
CONSIDER VOCA GRANT WITH DEPARTMENT OF CRIMINAL JUSTICE AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden said the District
Attorney's Office has withdrawn this item and the following item
because they do not require the Chairman's signature.
CONSIDER JUVENILE DIVERSION GRANT WITH DEPARTMENT OF CRIMINAL
JUSTICE AND AUTHORIZE CHAIRMAN TO SIGN: This item was withdrawn
for the above stated reason.
PLANNING: CONSIDER PROBABLE CAUSE - LOLOFF CONSTRUCTION (CONT. FROM
03/25/92) : Robert Ruyle, attorney representing Loloff
Construction, commented on the previous hearing with the Board.
Keith Schuett, Planning Department representative, said Loloff
Construction is not in compliance with Development Standards #1
and #18. He said staff recommends scheduling a show cause
hearing for May 20, 1992. Mr. Ruyle reviewed the Use by Special
Review Permit issued in 1985. He said they received a report
from Planning Services on February 4, 1992, stating there is a
construction landfill on the property, which is a material
deviation. Mr. Ruyle explained that there is not a construction
landfill intended, and the stockpile consists of demolition
material from U.S. Highway 34 which has been salvaged and will
be crushed for road base material. (Let the record reflect that
Lee Morrison, Assistant County Attorney, is now the attorney of
record. ) Vern Nelson, Nelson Engineers, said Loloff has not
deviated from the plan approved in 1986, since the sole purpose
is to use said material for construction. Mr. Nelson referred
to a map and explained the uses on the property. He said the
majority of similar operations in the area have stockpiles of
this type, and he noted that Loloff's stockpile is a
considerable distance from the flood zone. Commissioner Lacy
clarified that Loloff's permit is specifically for mining and
suggested amending the permit if other uses are desired. Mr.
Ruyle said the trend now is to recycle such material, which was
not the case in 1985. He stated concerns regarding the amended
permit process. Chairman Kennedy stated he feels this a
substantial change in usage, and he would like to allow public
testimony. Mr. Morrison explained, on Commissioner Kirby's
behalf, that an amended permit has the same requirements as a
Minutes - April 15, 1992
Page 3
new permit. Mr. Schuett responded to a question from
Commissioner Harbert saying the time would be 60-90 days. Mr.
Morrison said the matter could be continued or a show cause
hearing could be set; however, he suggested the Board make a
decision whether an amendment is needed. Mr. Ruyle said if the
Board did find probable cause, he would like to request they be
allowed 30 days to file an amendment. There was no public
testimony offered concerning this matter. Commissioner Lacy
moved to continue the probable cause for 30 days to allow filing
of an amendment. Commissioner Harbert seconded the motion.
Said motion, to continue to May 13, 1992, at 9:00 a.m. , carried
unanimously.
CONSIDER RESOLUTION RE: BUILDING CODE VIOLATIONS - STAUDINGER
AND MAZZUCA: Commissioner Lacy moved to approve this Resolution
authorizing the County Attorney to proceed with legal action
against Rod and Jan Staudinger and George Mazzuca for violations
of the Weld County Building Code Ordinance. Commissioner Kirby
seconded the motion, and it carried unanimously.
CONSIDER RE #1408 - IANNACITO: Lanell Swanson, Planning
Department representative, read the staff's concerns into the
record. Robert Waldo, attorney representing Damian and Mary
Iannacito, said the Iannacitos would like to remain in the home
on the property; however, they are no longer able to farm. Mr.
Iannacito has previously broken both legs, and Mrs. Iannacito is
not physically able to farm any longer either. They would like
to sell the farm to a farmer in the area. Chairman Kennedy
clarified the farm has only been owned by the Iannacitos for two
years, and it has not been a long term farming situation. Mr.
Waldo addressed the Planning staff's concerns and stated they
would be willing to have a common access if necessary. In
response to a question from Commissioner Webster, Ms. Swanson
said the Board needs to decide if this situation evades the
Subdivision Regulations. There was no public testimony offered
concerning this matter. Mr. Waldo said he disagrees with the
Planning staff's comment concerning the linear subdivision.
Commissioner Lacy said he would not consider an access through
Lot A, and he moved that RE #1408 be denied. He said he feels
the approval of such would start a linear subdivision, which
does not fit in the areas development. Commissioner Harbert
seconded the motion. Commissioner Kirby said he would vote for
the motion because he believes a 60-foot right-of-way is needed
for the access and the use would not be compatible with the
area. Commissioner Harbert said she would also vote for the
motion because this is not a hardship case since the property
was purchased after Mr. Iannacito's accident. Commissioner
Webster said he would also have to vote for the motion since it
was a recent purchase. On roll call vote, the motion carried
unanimously. (Change to Tape #92-14)
CONSIDER RE #1399 - HAMM: Ms. Swanson read the staff's concerns
into the record. Milton Alsum, agent representing Robert Hamm,
presented a sketch of the area surrounding the proposed recorded
exemption. He explained that the 23 acres proposed to be
exempted is non-irrigated dryland grass. Henry Schaefer has
proposed to purchase the surrounding area from Mr. Hamm, but he
is not interested in the 23 acres. Mr. Alsum said this land has
historically been irrigated; however, there is not enough water
and they are losing money by trying to farm it. He said there
would be a 30-foot access easement for the proposed lot. Ms.
Swanson said that is one of staff's concerns because it is
approximately 1850 feet long. Mr. Alsum said the access would
be from Weld County Road 25 north along the field, and there are
no structures on the 23 acres now. Ms. Swanson confirmed for
Chairman Kennedy that water and sewer are available to the site.
Mr. Schaefer said he is trying to buy the surrounding property
and is concerned with the 30-foot easement. Ms. Swanson
Minutes - April 15, 1992
Page 4
explained that is the minimum adequate access required.
Commissioner Kirby stated the buyer of the 23 acres would be
liable for maintaining the road and not encroaching on
surrounding property. In response to a question from
Commissioner Harbert, Mr. Schaefer said he is not interested in
the 23 acres because it is not good farm land, just land for
pasture. Commissioner Kirby stated it would be more valuable
for a building site than farm land. Commissioner Lacy explained
to Mr. Schaefer that fire departments require a 20-foot minimum
easement. Mr. Alsum answered questions regarding an underground
line along the easement. Nancy Hammers, daughter of Mr.
Schaefer, said they were told a 16-foot easement would be
sufficient. After further discussion, Commissioner Kirby moved
to deny RE 111399. Commissioner Lacy seconded the motion, and it
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
10:25 a.m.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
�/ WELD COUNTY, COLORADO
Weld County Clerk to the Board �.. .e�-
Ge a Kenn, Chairman
By:
Deputy Cler to the Board onstance L. Har ert, Pro-Tem
EXCUSED DATE OF APPROVAL
C. W. Kir
Go a y
W. H. Webster
Minutes - April 15, 1992
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 15, 1992
TAPE #92-14
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, April 15, 1992, 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 George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
Also present:
Weld County Attorney, Lee Morrison
Acting Clerk to the Board, Shelly Miller
MINUTES: Commissioner Lacy moved to approve the minutes of the Board of
Social Services meeting of April 13, 1992, 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 $125, 938.01.
Commissioner Lacy moved to approve the warrants as presented by
Ms. Miller. Commissioner Webster 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
10:30 a.m.
APPROVED:
ATTEST: P /
! 4 BOARD OF COUNTY COMMISSIONERS
C WELD COUNTY, COLORADO
Weld County Clerk to the Board ss _ at'
Ge ge Kennedy, Chairman
By: Cb t J — �.:if-4.2-Tt e --cr
Deputy C1erg to the Board Constance L. Harbert, ro-Tem
EXCUSED DATE OF APPROVAL
C. W. Kirb
Go o . La y
W. H. Webster
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