HomeMy WebLinkAbout941021.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 3, 1994
TAPE #94-38
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, October 3, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of County Commissioners meeting of September 28, 1994, as
printed. Commissioner Harbert 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 Kirkmeyer seconded the motion, and it
carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Commissioner Harbert reported the Board attended the Budget
Conference last week and it was very good. She stated the
budget always makes the County look good.
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 $ 337, 416.34
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Hall seconded the motion, which
carried unanimously.
BUSINESS:
NEW: CONSIDER AMENDMENT NO. 1 TO ROAD IMPROVEMENTS AND MAINTENANCE
AGREEMENT WITH ED LOLOFF CONSTRUCTION, INC. : George Cicoff,
Public Works Director, stated the amendment replaces Paragraph 2
of the original agreement. He explained there is presently no
activity on the subject site, and this amendment will require
the company to become involved in dust control when activity
begins on the site. Mr. Cicoff noted the original agreement
required the dust control to begin within one year; however,
there has not been any activity since 1985. He confirmed for
Commissioner Hall that Mr. Loloff is in agreement and there
should be no problems. Commissioner Hall then moved to approve
said amendment, and Commissioner Baxter seconded the motion
which carried unanimously.
941021
CONSIDER CHANGE ORDER NO. 1 FOR PRELIMINARY REALIGNMENT OF WELD
COUNTY ROAD 27.5 BETWEEN ENGINEERING DEPARTMENT AND RUST
ENVIRONMENT AND INFRASTRUCTURE, INC. , AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Cicoff explained the changes in design are necessary
due to difficulties encountered with utilities. He stated the
increase will be $2,205.45. Commissioner Hall moved to approve
said change order and authorize the Chairman to sign. The
motion was seconded by Commissioner Harbert and carried
unanimously.
CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS AND LICENSE AGREEMENT FOR USE OF
RIGHT-OF-WAY WITH ROUTE 32 1/2 PARTNERS AND AUTHORIZE CHAIRMAN
TO SIGN: Bruce Barker, County Attorney, stated he had been
working with Denny Graham and several concerns were addressed as
outlined in Paragraph 8. He stated all items were agreeable to
Public Works including the portion changing the number of days
to 180 as stated on Page 2 of the license agreement. Mr. Barker
recommended approval of said agreement. Commissioner Baxter
moved to approve said agreement and license agreement and
authorize the Chairman to sign. Commissioner Harbert seconded
the motion, which carried unanimously.
CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS WITH GUNZNER INVESTMENT COMPANY
AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained this
agreement is another acquisition for the Bridge No. 32.5/21B
Project, and it should be the last one. After discussion,
Commissioner Harbert moved to approve said agreement and
authorize the Chairman to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER TWO QUIT CLAIM DEEDS TO CITY OF EVANS AND AUTHORIZE
CHAIRMAN TO SIGN - LOTS 8 AND 9, BLOCK 173: Mr. Barker stated
he was contacted by Mike Ramstack of Pro Realty, Inc. requesting
portions of Lots 8 and 9, Block 173, City of Evans, be conveyed
to his clients. He explained, in 1921, Weld County acquired the
property along the old State Highway, which is now known as
State Street. Portions of said lots were transferred in 1931,
and Mr. Ramstack is now seeking the transfer of the remainder.
Mr. Barker explained he then checked whether the City of Evans
wanted to keep portions of the property. He recommended the
property be conveyed to the City of Evans, who would determine
what was needed for right-of-way and then vacate the remaining
to the adjacent landowners. Commissioner Hall questioned why
the property was not being purchased rather than given away.
Mr. Barker explained the deeds concern less than one acre of
each lot, and the property would actually be transferred to the
City of Evans, not the citizens. Commissioner Harbert stated
concern about the City of Evans selling the property after being
given it by the County. Commissioner Hall suggested giving the
City of Evans the portion it desires for right-of-way and
selling the rest. Mr. Warden explained the property could be
put up for bid; however, it had been put up for bid before and
is not worth much. Mr. Barker explained the property is
directly adjacent to State Street at the end of a block and he
doubts if it is buildable due to the angle. He further
explained the property owners are actually who want the
portions; however, he thought it better to give the property to
the City of Evans than put it up for bid. Mr. Warden stated the
portions may actually be a weakness to the property owners and
reiterated it had been up for bid once before. He noted
portions of this size are usually only worth $50 to $100.
Commissioner Kirkmeyer stated she would like to see a map and be
assured the City of Evans will vacate the land and not charge
for it. Commissioner Harbert moved to continue said matter to
October 10, 1994, at 9:00 a.m. , and Commissioner Kirkmeyer
seconded the motion which carried unanimously.
Minutes - October 3, 1994 941021
Page 2
CONSIDER IMPACT ASSISTANCE PROGRAM APPLICATION FOR WELD COUNTY
ROAD 19 PROJECT TO COLORADO DEPARTMENT OF LOCAL AFFAIRS AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this energy
impact application will be submitted to the Department of Local
Affairs for improvements to Weld County Road 19 between Weld
County Road 2 and State Highway 52. He explained the Public
Works Department estimated the improvements would total
$886, 000, and since this is an extremely competitive project, 50
percent, or $443,000, is being applied for. Mr. Warden reported
there are seven direct oil industries which will be served and
there are 16 oil facilities in the area. He noted Mr. Cicoff
and Commissioner Kirkmeyer strongly recommended the application
be submitted. Commissioner Kirkmeyer stated the road was partly
paved by Vessels Oil and the jog between Weld County Roads 6 and
8 would not be completely straightened; however, there is an
existing three-way stop. She reiterated the application is very
competitive and should be submitted to the State; therefore, she
moved to approve said application and authorize the Chairman to
sign. The motion was seconded by Commissioner Baxter. Mr.
Warden noted Mr. Cicoff advised the neighborhood this matter
would be on the agenda today, and apparently none of those
residents are present. The motion then carried unanimously.
CONSIDER REQUEST FROM PARKER AND PARSLEY FOR EXTENSION OF OIL
AND GAS LEASE FOR PROPERTY LOCATED IN SEt S22, T4, R61W AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated he received a
phone call last week requesting said extension for a lease which
expires today; however, he was supposed to receive the
documentation by last Thursday or Friday and did not receive
anything. He, therefore, recommended said matter be dismissed.
Commissioner Harbert moved to dismiss said request, and
Commissioner Kirkmeyer seconded the motion which carried
unanimously.
CONSIDER OIL AND GAS DIVISION ORDER TO HS RESOURCES, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN - SSW' S21, T3N, R67W (HSR B/R "B"
#13-21) : Mr. Barker reported the royalty interest for said
division order is correct and recommended approval.
Commissioner Baxter moved to approve said division order and
authorize the Chairman to sign. The motion, seconded by
Commissioner Hall, carried unanimously.
CONSIDER OIL AND GAS DIVISION ORDER TO HS RESOURCES, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN - StSWa 521, T3N, R67W (HSR B/R "B"
#14-21) : Mr. Baker reported this is the second well within the
same section as the abovementioned division order, and the
royalty interest is also correct. Commissioner Hall moved to
approve said division order and authorize the Chairman to sign.
The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
CONSIDER APPOINTMENT TO JUVENILE SERVICES PLANNING COMMITTEE:
Chairman Webster stated the Board is recommending to the Chief
Judge of the Judicial District that Luis Llerena, Youth
Initiative Director for the City of Greeley, replace Debbie
Huerta on said committee. Commissioner Harbert moved to approve
said appointment, and Commissioner Hall seconded the motion. It
carried unanimously.
CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Chairman
Webster stated Sylvia McWilliams will replace Carolyn Mettler as
an at-large member, with a term to expire August 1, 1995.
Commissioner Hall moved to approve said appointment, and
Commissioner Baxter seconded the motion which carried
unanimously.
Minutes - October 3, 1994 9410 �
Page 3 21
PLANNING: CONSIDER RE #1651 - LORENZ (CONT. FROM 09/26/94) : Todd Hodges,
Planning Department representative, entered staff's
recommendation for denial into the record. He answered
questions from the Board concerning the creation of other lots
in the area. J. Oliver Lorenz, applicant, explained proposed
Lot A is not farmable and was designated as a residential area
in 1971; therefore, it should be a taxable plot of ground rather
than connected with Lot B. Mr. Lorenz stated the two-acre
parcel is hard to farm and he has an opportunity to sell it.
The remainder of the ground, Lot B, is used for dryland wheat or
grains. Commissioner Harbert referred to a memo from the Public
Works Department concerning access on Weld County Roads 38 and
33. Mr. Lorenz explained the east part of Road 38 was closed
and was difficult to maintain; however, about one-quarter mile
of Road 38 east to Lot 33 is maintained. Don Carroll, Public
Works Department, stated, according to the HUTF book, the County
is not receiving funds for maintenance of Road 38 from Road 33
to its end, which is approximately two-tenths mile; however, the
grader does maintain the two-tenths mile and the condition of
the road is typical to the area. Mr. Lorenz stated Elk Oil has
installed a gate at Lot 33 and finished Road 38 east to Road 35.
Mr. Barker indicated Weld County acquired 30 feet of right-of-
way off the north and south sides of the sections for the entire
mile in 1902 and there is no indication that it was vacated.
Mr. Carroll suggested the Board accept the two-tenths mile to
put on the HUTF system for funding. Mr. Barker explained the
public may use Weld County right-of-way, even though the road is
closed, until it is vacated by the County. Responding to
Commissioner Baxter, Mr. Barker stated if the oil company
improved and gated the road, it could be a legal problem,
because one cannot gate off a public road. Mr. Lorenz confirmed
there are no "Dead End" or other types of signs. He stated Mr.
Schaefer is the owner and resident of Lot 35 and would like to
buy proposed Lot A to build a house to sell or rent. He stated
Lot A was not farmed, but the weeds were knocked down. Mr.
Lorenz reiterated Lot A was planned, since 1971 and prior to
Home Rule, for residential use. He confirmed the well permit
was approved and the State assured adequate water. No public
testimony was offered concerning this matter. Commissioner
Harbert stated this request is difficult; however, the little
notch is not practicle to farm and there is no problem with
traffic on Road 38. Therefore, Commissioner Harbert moved to
approve RE #1651 for J. Oliver Lorenz with Conditions of
Approval, as submitted by staff, based on the farming
practicality. She suggested to the Public Works Department the
situation on Road 38 be solved. Mr. Lorenz consented to the
Conditions of Approval. Commissioner Baxter seconded the motion
and stated he had a problem with staff's recommendation
concerning noncompliance with the agricultural goals. He stated
the transportation issue is solved and he questions whether
efficient and orderly development fits. Commissioner Hall
stated this is not the proper method for a subdivision and a
minor subdivision would better resolve right-of-way issues. He
said he can see further subdivisions and the need for more
maintenance on the road, and it is not fair to circumvent the
subdivision process. Commissioner Hall stated the proposal is
not efficient and orderly development and evades Sections 11.8.3
and 11.8. 10 of the Subdivision Ordinance; therefore, after
voicing other concerns, he stated he would vote no.
Commissioner Kirkmeyer agreed with Commissioner Hall and
recommended the Conditions of Approval include access from Lot
A to Lot B to address the increased traffic onto Road 38. After
further discussion, Commissioner Harbert amended her motion to
add a Condition of Approval addressing access. Mr. Lorenz,
responding to questions from Commissioner Harbert, stated the
access to Lot 35 is in the middle of the lot and there are no
barrow pits which allow agricultural access to Lot A at any
point. He confirmed that Lot A and Lot 35 could share an
access. Commissioner Baxter agreed to said amendment to the
motion. Mr. Barker read the proposed language concerning access
and easements into the record. Mr. Lorenz informed Mr. Carroll
that access to Lot B is from Road 33. Commissioners Harbert and
Minutes - October 3, 1994 941021
Page 4
Baxter agreed to include said language in the motion, which
carried three to two with Commissioners Hall and Kirkmeyer
voting nay.
CONSIDER CORRECTED RESOLUTION RE: VACATION OF LOT 5 OF SWtSW,'--,
530, T5N, R65W OF THE 6TH P.M. , ACCORDING TO SUBMISSION OF LAND
BY SAINT LOUIS WESTERN COLONY AND DEDICATION OF PUBLIC ROAD
RIGHTS-OF-WAY ALONG 23RD AVENUE (WCR 37) AND 49TH STREET (WCR
52) - FLOREZ SUBDIVISION: Mr. Carroll stated surveyors were
sent to the site and trailers and telephone poles were in the
right-of-way; however, he is unaware of the changes in said
resolution. Lee Morrison, Assistant County Attorney, was
unavailable; therefore, Commissioner Hall moved to continue said
matter to October 5, 1994, at 9:00 a.m. The motion was seconded
by Commissioner Harbert, 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: 15 a.m.
APPROVED:
ATTEST: ill/Mei? BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board ---1141-102—&--
}�/�, � / . . Webster, C airman
By: ` L ! I L I
DeputyCork to the Board Dale . Hall
cJ
Geor e . Baxter
(.4--nSrefv-x—ft.L., , (/-itit-e-c-e"
Constance L. Harbert
-/-1/it_//1�//LLJ
Barbara Kirkm er
Minutes - October 3, 1994 941021
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
OCTOBER 3, 1994
TAPE #94-38
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, October 3, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Director of Finance and Administration, Donald Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of September 28, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the warrants for approval by the Board in the amount of
$536, 166.23. Commissioner Baxter moved to approve the warrants
as presented by Mr. Warden. Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
NEW BUSINESS: CONSIDER ANNUAL SALARY ADJUSTMENTS FOR NOVEMBER 1, 1994, TO
COLORADO DEPARTMENT OF HUMAN SERVICES, MERIT SYSTEM, AND
AUTHORIZE CHAIRMAN TO SIGN: Dave Worden, Personnel Director,
stated he is sitting in for Judy Griego, Social Services
Director. He stated the compensation plan is for Social
Services employees, which will receive a 2.5 to 5 percent
increase, equal to Weld County employees. Commissioner Harbert
stated the adjustments are in line with the State Social
Services Merit System and moved to approve same and authorize
the Chairman to sign. The motion was seconded by Commissioner
Kirkmeyer, and it 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.
941.021
There being no further business, this meeting was adjourned at
10:30 a.m.
Lath
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A ) 7
Weld County Clerk to the Board
pp W . We ster, Ch 'rman
By: l J A
Deputy Cor to to the Board Dale . Hall, P o-T
Geo e Baxter
CoWtance L. Har ert
/4 N4f� Q .4 L ./ �
/ Barbara J. Kirkm1-71
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Social Services Minutes - October 3, 1994
Page 2 941021
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