HomeMy WebLinkAbout941474.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 20, 1994
TAPE #94-21
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, April 20, 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 Hall moved to approve the minutes of the Board of
County Commissioners meeting of April 18, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on
April 18, 1994, as follows: 1) Hearing to determine whether or
not to enter into a Stipulation with the applicant for the
renewal of the Tavern Liquor License, Henry L. Walker, dba Bears
Sports Saloon. Commissioner Kirkmeyer seconded the motion, and
it carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Harbert seconded the motion, and it
carried unanimously.
PROCLAMATIONS: WELD COUNTY VICTIMS' RIGHTS WEEK - APRIL 24 THROUGH APRIL 30,
1994: Chairman Webster read said proclamation into the record
and presented it to Gary Rathke of the Victim Assistance Office.
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 $ 190,887.77
Payroll Fund $ 3,301.71
Commissioner Hall moved to approve the warrants as presented by
Mr. Warden. Commissioner Baxter seconded the motion, which
carried unanimously.
BIDS: PRESENT 1994 OFFICE SUPPLIES - PRINTING AND SUPPLY DEPARTMENT:
Pat Persichino, Director of General Services, read the names of
the four vendors who submitted bids into the record. Said bid
will be considered for approval on May 4, 1994.
941474
PRESENT MOW/HERBICIDAL APPLICATION - COOPERATIVE EXTENSION
SERVICE: Mr. Persichino read the names of the three vendors who
submitted bids into the record. Said bid will be considered for
approval on May 4, 1994.
PRESENT 1994 CHIP AND SEAL PROJECT - ENGINEERING DEPARTMENT:
Mr. Persichino read the names of the two vendors who submitted
bids into the record and indicated said bid will be considered
for approval on May 4, 1994. In response to a question from
Commissioner Harbert, Drew Scheltinga, Engineer, explained there
were no bids for Alternate #1 because of the environmental
concerns and regulations restricting the use of rapid curing
asphalt which is cut back with naphtha. It is no longer being
manufactured and is not available.
APPROVE 1994 JANITORIAL SUPPLIES - BUILDINGS AND GROUNDS
DEPARTMENT: Mr. Persichino recommended all low bids be accepted
as follows: Items 2 through 4, 12, 13, 18 through 20, 26
through 36, 38, and 39 from Columbine Paper for $9, 154.93; Items
6, 8, 10, 11, 14 through 17, 21, 23, 24, and 40 through 42 from
Northern Colorado Paper for #3,068.51; Item 1 from Jerome for
$2,290.00; Item 9 from Colorado Chemical for $112.32 (low bidder
did not meet specs) ; Items 5, 7, 22, and 25 from Century Paper
for $861.82; Item 37 from Royal Sanitary Supply for $74.20; and
Item 43 from Western Paper for $24.51. Commissioner Hall moved
to approve said recommendation, and Commissioner Kirkmeyer
seconded the motion which carried unanimously.
BUSINESS:
OLD: CONSIDER RECOVERING COSTS FOR ABATEMENT OF DANGEROUS BUILDING -
MARTINEZ (CONT. FROM 03/07/94) : Ed Stoner, Planning Department
representative, indicated this matter pertains to BCV #1934.
The remaining debris was removed from the demolition of the
dangerous building located on Lots 1, 2, and 3 in Gill,
Colorado, on March 28, 1994, by the Road and Bridge Department
at a cost of $140.84. Mr. Stoner said staff recommends the
County Attorney's Office be authorized to recover the costs by
special assessment or personal obligation to the property owner.
Commissioner Harbert moved to direct staff to recover said
costs, and Commissioner Baxter seconded the motion. Bruce
Barker, County Attorney, explained the personal obligation would
require a judgement lien and would not be as easy to obtain as
a special assessment. Chairman Webster suggested staff be
directed to recover costs and the method not be stipulated.
Commissioner Kirkmeyer suggested amending the motion to
authorize the County Attorney, rather than staff, to recover
costs. Commissioners Harbert and Baxter agreed to amend the
motion, and it carried unanimously.
NEW: CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND EARTH FOR BORROW WITH DOROTHY BOLIN AND
AUTHORIZE CHAIRMAN TO SIGN - WELD COUNTY ROAD 392: Mr.
Scheltinga said this agreement is for the Weld County Road 392
project and will allow purchase of 3.6 acres of right-of-way
from Dorothy Bolin at $250.00 per acre, for a total cost of
$900.00. The County will also borrow 27,800 cubic yards of
earth material at 204 per cubic yard, for a total cost of
$5,560.00. Mr. Scheltinga indicated the old fence would be
removed from the right-of-way and the disturbed area will be
reseeded. The abandoned right-of-way will then be deeded back
to Ms. Bolin, and the total amount of the agreement will be
$6,460.00. Commissioner Baxter indicated he was involved in the
negotiations and Ms. Bolin was very cooperative; therefore, he
moved to approve said agreement and authorize the Chairman to
sign. Commissioner Hall seconded the motion. Mr. Scheltinga
confirmed for Commissioner Kirkmeyer that the County Attorney
had reviewed said agreement. Commissioner Harbert commended the
property owner for her cooperation, and the motion carried
unanimously.
Minutes - April 20, 1994
Page 2
CONSIDER AGREEMENT FOR USE OF WELD COUNTY COURTHOUSE WITH THE
WELD COUNTY BAR ASSOCIATION AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Barker stated the Weld County Bar Association has requested to
use the Third Floor of the Courthouse on April 29, 1994, from
approximately 3:30 p.m. to 11:00 p.m. for its annual Bar
Association dinner honoring Chief Justice Luis D. Rovira. He
noted Paragraph 115 was included for indemnification purposes.
After further comments, Commissioner Kirkmeyer moved to approve
said agreement and authorize the Chairman to sign. The motion,
seconded by Commissioner Harbert, carried unanimously.
PLANNING: CONSIDER RE /11606 - FULTON: Greg Thompson, Planning Department
representative, read staff's recommendation for denial into the
record and clarified that Section 1.3. 1 of the Subdivision
Ordinance concerns orderly and efficient development. Chuck
Connell, Attorney representing the applicant, presented
additional copies of the plat, Exhibit M, and pictures of both
residences on the subject property, Exhibits A through L. He
stated the request is to confirm the use of the property as it
has existed for over 20 years. Mr. Connell respectfully
explained his reasons for disagreeing with staff's
recommendation for denial. He also explained the history of the
two homes, which are owned by Larry Fulton, applicant, and his
brother, Richard Fulton. The subdivision violation occurred
when the modular home was removed to construct a new residence
and the construction loan was transferred. Mr. Connell noted
that all construction on the site was permitted by the County
and that proposed Lot A has a new home on it, with a very nice
modular home on a foundation on proposed Lot B. In reference to
Section 1.3. 1, Mr. Connell reiterated no new improvements will
be added to the lots; they will remain as they have existed for
20 years. He noted the Tri-Area Planning Commission had no
problems with the application; the Colorado Department of
Natural Resources had no objections and confirmed water sources
were adequate; and the Weld County Health Department has
inspected the property and found no problems. Mr. Connell also
noted there have been no objections to the configuration of the
lots and, if the requested additional access to Lot B is a
problem, an easement could be obtained instead. He reiterated
that no new development or additional improvements or traffic
would occur and that efficient and orderly development should
not be an issue since the improvements have existed for 20
years. Mr. Connell indicated they are simply asking for
confirmation of an historical use to continue and stated the 12
acres is not currently used for farming. He explained Larry
Fulton desires to sell his property, since he cannot make his
payments after his divorce. His brother, Richard, would also
like to be able to sell his property in the future if necessary.
Mr. Connell stressed that the Fultons have conformed to Weld
County's requirements for the past 20 years and that Weld County
approved all existing improvements. Larry Fulton explained he
did not realize he was in violation when he signed the deeds for
the finance companies. He indicated he needs to sell his
property to pay his ex-wife and does not want the mortgage
company to foreclose on his property. Larry Fulton answered
questions from the Board and indicated the easements and the
existing and proposed accesses to the property. He confirmed
that one access could be used and stated the oil company
easement was installed in 1974. Larry Fulton explained the jog
in the property line will allow the well and barn to remain on
Lot A. Commissioner Hall referred to the Subdivision Ordinance
and stated he would be reluctant to allow an additional access.
Larry Fulton explained the second home was added as an accessory
to a nursery business; however, the oil well was put in the
center of the orchard and has absorbed approximately two acres
making it not feasible to continue with the orchard. He said
the second home will be the primary home for Lot B and confirmed
there are two wells and two septic systems existing and nothing
will need to be added. Commissioner Harbert also encouraged the
applicant to obtain an access agreement and maintain only one
Minutes - April 20, 1994
Page 3
access, and Commissioner Baxter concurred. Larry Fulton
indicated the potential buyers agreed to share a driveway.
Donald Houlehan, Attorney, introduced the proposed purchaser,
Peggy Ziegler, who indicated her dream is to move back to the
country to a nice home, with landscaping, where she can keep her
horse. Ms. Ziegler asked the Board to consider the arguments
raised today and approve the request. Mr. Thompson submitted
proposed Conditions of Approval to the Board for review and, in
response to a question from Commissioner Baxter, explained the
applicant's other options to correct the subdivision violation.
Commissioner Kirkmeyer requested Mr. Barker suggest language
concerning the access for Condition of Approval #5.
Commissioner Hall questioned the necessity of Condition of
Approval #1 designating the larger lot as Lot B. Mr. Thompson
indicated for clarification and as an element of the Subdivision
Ordinance, the larger lot is usually Lot B and the smaller is
Lot A. Mr. Barker read the suggested language for Condition of
Approval #5 into the record. Commissioner Harbert stated she
would prefer Condition of Approval #1 be removed and the
Conditions renumbered so the applicant does not have to redo the
plat. Commissioner Kirkmeyer confirmed with the applicant that
he understood his brother would need to apply for a manufactured
home zoning permit to make his home the principal dwelling on
Lot B. Larry Fulton said he understood and agreed with all the
Conditions of Approval and confirmed he would obtain an access
easement. Commissioner Kirkmeyer moved to approve RE #1606 for
Larry Fulton, with the recommended Conditions of Approval
eliminating Condition of Approval #1, renumbering the
Conditions, and adding Condition of Approval #4. 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
9:50 a.m.
APPROVED:
ATTEST: guenuein BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board 7
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Deputy C rk to the Board Dale Ha
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Minutes - April 20, 1994
Page 4
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 20, 1994
TAPE 1194-21
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, April 20, 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
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of
Social Services meeting of April 18, 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 $99,458.21.
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
9:55 a.m.
APPROVED:
ATTEST: 4.41/01114ein BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board 4"( > IIII O " Z`
J� ��ebster, C a' r an
By: 91-1-Rt), l�--d1/f I iIXQ�v
Deputy Clerk to the Board Dale Hall, Prq- em
Aeofge/< Baxter
Constance L. Harbert/
Barbara J. Kirkme er
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