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Home My WebLink About941562.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 14, 1994 TAPE #94-43 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 14, 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 - EXCUSED 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 9, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on November 8, 1994, as follows: Violation Hearings. 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 Baxter 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 $ 253,537.93 Handwritten Warrants: General Fund $ 1,460.00 Payroll Fund $ 75.00 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. 941562 BUSINESS: NEW: CONSIDER ESTABLISHING NEIGHBORHOOD TO BE SERVED, DESIGNATING COMMISSIONER TO MAKE ON-SITE INSPECTION, SETTING HEARING DATE CONCERNING APPLICATION FROM DEL CAMINO, INC., DBA LAS CARRETAS DEL CAMINO, FOR HOTEL AND RESTAURANT LIQUOR LICENSE: Bruce Barker, County Attorney, stated this establishment is now operating as the Country Diner and is located on south Turner Boulevard in Longmont. He noted the Board first must set a hearing date to consider the application, which was originally submitted on September 27, 1994, with additional items being submitted later. He recommended, therefore, the hearing date be set for November 28, 1994, at 9:00 a.m. Mr. Barker stated the Board must also establish the neighborhood, which is normally the area within a one-mile radius, including Sections 2, 3, 10, and 11 in Township 2 North, Range 68 West; however, with all the new construction in the area, he recommended Sections 14 and 15 also be included in the neighborhood. He noted the Board must also appoint a Commissioner to observe the site and confirm posting of the necessary sign. Commissioner Harbert volunteered to inspect the establishment since it is in her district and she will be attending a meeting in the area on Friday, November 18, 1994. Mr. Barker clarified the motion must include setting the hearing date on November 28, 1994, at 9:00 a.m., establishing the neighborhood including the above mentioned sections, and appointing Commissioner Harbert to inspect said establishment. Commissioner Baxter so moved, and Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR OCTOBER 1994, IN AMOUNT OF $5,851.53: Commissioner Harbert moved to approve said cancellation, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER AGREEMENT TO LEASE EQUIPMENT WITH GREELEY-WELD COUNTY AIRPORT AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Baxter stated he was involved in this agreement, as well as Mr. Warden and Claud Hanes, Comptroller. He noted the agreement has been approved by the Airport Authority Board. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign, and Commissioner Baxter seconded the motion. Mr. Barker noted that Dale Hall signed said agreement as Chairman of the Airport Authority Board; however, the conflict cannot be avoided. Commissioner Baxter reiterated the agreement was officially approved by the Airport Authority Board at a meeting and Dale Hall was authorized to sign. The motion then carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR WINNY ENTERPRISES, INC., DBA PIZZA HUT RESTAURANT, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated no violations were reported at this establishment. Commissioner Baxter moved to approve said renewal and authorize the Chairman to sign. The motion, seconded by Commissioner Harbert, carried unanimously. FIRST READING OF ORDINANCE NO. 82-P, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY HEALTH DEPARTMENT: Mr.Warden stated this is an annual ordinance, which sets the fees for the Health Department. He noted most fees are dictated by the State and there are no significant changes. Mr. Warden then read said ordinance into the record, and no public testimony was offered. Commissioner Harbert moved to approve Ordinance No. 82-P on first reading, and Commissioner Baxter seconded the motion, which carried unanimously. Minutes - November 14, 1994 Page 2 FIRST READING OF ORDINANCE NO. 84-P, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY: Mr. Warden stated this ordinance sets various County fees and changes were made to Exhibit B concerning a 6 percent increase in Ambulance service fees, to Page 3 of Exhibit C concerning the addition of a co-pay for inmate medical services, and to Exhibit E concerning the hourly rate for transcription and FAX charges by the Clerk to the Board's Office. Mr. Warden then read said ordinance into the record and noted the language concerning the co-pay for medical services to inmates must be added to the text of the ordinance. Responding to a question from Commissioner Baxter concerning the Ambulance fees, Mr. Warden explained, in the event multiple patients are being transported, the mileage is to be divided by the number of patients. No public testimony was offered, and Commissioner Baxter moved to approve Ordinance No. 84-P on first reading, with the corrections as noted by Mr. Warden. The motion was seconded by Commissioner Harbert, and it carried unanimously. PLANNING: CONSIDER RE#1670- REED: Chairman Webster explained that since there are only three Board members present, the applicants have the option to request a continuance. Clarence Reed, applicant, requested the Board proceed. At the request of Keith Schuett, Planning Department, Casey Jones, applicant of RE #1671, also requested the Board to proceed. Mr. Schuett requested the information for RE #1670 and RE #1671 be reviewed simultaneously, with separate motions made for each. He also requested staffs recommendation be entered into the record as written and reviewed staffs concerns, referring to Items 7A, B, and C on Page 27 of the Comprehensive Plan. He noted the parcel, which was originally 160 acres, was split into two 80-acre parcels, with a residence on the north parcel, but none on the south parcel. Mr. Schuett further explained the applicants wish to sell the north parcel with the house to finance construction of a home on the south parcel. He noted the land is classified as prime farm, whether irrigated or not, and all water rights were sold by the previous owner. Mr. Schuett also mentioned a dry-up covenant and stated concern about a linear-type subdivision developing along the road, with nine residential accesses in one mile. Mr. Barker clarified the non-irrigation covenant applies to both recorded exemptions, and Mr. Schuett read said covenant into the record. Mr. Schuett noted, concerning RE#1671, Lot A is marked as the larger lot and Lot B as the smaller; however, if the request is approved, the smaller lot must be marked as Lot A according to the ordinance. Mr. Barker clarified comments on RE#1670 only should be considered from this point. Ted Carlson, applicants' representative, reiterated the property's history concerning the split and the 1986 dry-up agreement. He noted the Reeds sold 80 acres to the Jones and are now proposing to sell the 10 acres with improvements and build a new home on the 70 acres. He agreed the ground could be prime if it had water; however, it is now mostly weeds with little hay and will be restored to grass/hay combination. Clarence Reed, applicant, stated he purchased the property in July and has since renovated the house and removed car bodies and dilapidated barns from the property. At the request of Commissioner Harbert, he agreed to close the accesses on Weld County Road 53 and use the oil and gas access on Weld County Road 48. Commissioner Baxter questioned whether the request conforms to the recorded exemption criteria concerning the sale of agricultural land that is nonproductive. Mr. Reed confirmed the land is nonproductive now, and Mr. Carlson stated there will be no loss of productive farm ground if sold. Commissioner Harbert referred to Item 7B and stated a home exists and the ground is evidently nonproductive. Mr. Schuett stated further concerns about dividing off such a large area, rather than just the area around the house, and reiterated the ground is considered prime whether irrigated or not. Mr. Carlson explained they wanted to encompass the house with a barrier, and Mr. Reed noted the property was covered in junk and has a motorcycle track on it. Responding to further questions from the Board, Mr. Reed stated Central Weld Water is available and he is unsure whether the domestic well works. He stated he intends to plant grass for pasture and have horses or a five or six cow/calf year-round operation, since it is not feasible to farm, nor is it valued as good farm ground. Mr. Reed and Mr. Carlson answered further questions from the Board, and no public testimony was offered. Mr. Carlson reiterated no prime farm land will be taken out of Minutes - November 14, 1994 Page 3 production and stated the land was an eyesore, which Mr. Reed has helped. Discussion ensued concerning the number of residential accesses on Road 53, and Mr. Schuett suggested Conditions of Approval for the record. Mr. Reed confirmed no residential access to the property would exist on Road 53 and he has no intent to split the 70-acre parcel. Commissioner Baxter stated he understands Planning staffs concerns; however, in this case he is concerned about what has happened and what may happen to the property if this request is denied. Commissioner Baxter, therefore, moved to approve RE #1670 for Clarence and Vivian Reed, with the Conditions of Approval as suggested by Mr. Schuett. Commissioner Harbert seconded the motion and requested no additional accesses be allowed on Road 48, and Mr. Reed confirmed he would use one of the two existing oil and gas accesses for his residence and agreed to no additional accesses. Mr. Schuett then read Conditions of Approval #1 through#3 into the record concerning submittal of the plat and recording fees and the limitations for the residential accesses. Mr. Barker requested Condition of Approval #4 concerning septic requirements also be added. Commissioners Baxter and Harbert agreed to said Conditions of Approval as recommended by staff, and the motion carried unanimously. CONSIDER RE #1671 - JONES: This matter was discussed during the previous item of business. Mr. Schuett noted no residences exist on this 80- acre parcel and the applicants have the right to build a home on it, but they want to split and sell seven acres to finance construction of a home on the remaining 73 acres. He reiterated concern about the ground being prime farm land. Mr. Barker clarified the ordinance requires Lot A be marked as the smaller lot, and Casey Jones, applicant, stated that is acceptable and disagreed the ground is functional prime land. He explained his need to remove seven acres to finance a home and raise cattle, with the lower 30 or 40 acres to be in dryland alfalfa using drainage and sub-irrigation for water. Responding to questions from the Board, Mr. Carlson said the property could also be used for grazing if enough water is not available and new alfalfa would be seeded. He explained there are no drainage or seep problems and the location of the seven acres was chosen for more orderly development. Mr. Jones stated his home would be in the southwest corner on the highest part of the property. Mr. Schuett said there is an existing farm road along Lot B accessing Weld County Road 3 through Lot A. Mr. Carlson said there is also an existing oil company easement, and Mr. Jones stated the use of that easement would be preferred. In response to further questions from the Board, Mr. Jones stated seven to ten head of cattle could safely graze on the property depending on the amount of grass and confirmed he cannot financially build without selling some acreage. Mr. Carlson stated the financing for the construction is through the Independent Bank of Kersey and is basically completed. Mr. Schuett recommended the same Conditions of Approval as RE #1670 except the access on Weld County Road 48. He stated two residential accesses could be added since none exist; however, if Mr. Jones prefers to use the existing legal access, he must show proof that would be allowable prior to recording the plat. No public testimony was offered, and Mr. Carlson confirmed the Conditions of Approval are acceptable; however, he believes the easement is nonexclusive and available for use. Commissioner Harbert stated concerns about the oil company not allowing Mr. Jones to use the easement in the future. Mr. Carlson suggested a 30-foot easement along the south edge of Lot A and along the entire edge of the property as a standby, since the access to Lot A is existing. At the request of Commissioner Baxter, Mr. Barker clarified the nonexclusive easement and suggested a statement from the oil company be provided. Mr. Jones noted the oil company also accesses his property to maintain two well heads in the middle of his property. Mr. Schuett read the Conditions of Approval into the record, and, after further discussion, Commissioner Harbert moved to approve RE#1671 for Kenneth C. and Janice T. Jones, with the Conditions of Approval suggested by Mr. Schuett. Commissioner Baxter seconded the motion. Commissioner Harbert stated her reasons for approval include the fact that the water rights have been sold and, even though the Soil Conservation Service classifies the land as prime, this climate is not conducive without water. The motion carried unanimously. Minutes - November 14, 1994 Page 4 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances No. 82-P and No. 84-P were approved on first 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 10:30 a.m. APPROVED: ATTEST: I) /1)1/ ^ ? BOARD OF COUNTY COMMISSIONERS G WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUS D A E O- APPR AL p� MULL— W. H. Webster, Chairman By: e.P.�( EXCUSED Deputy Cler the Board Dale . Hall /Georg . Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Minutes - November 14, 1994 Page 5 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO NOVEMBER 14, 1994 TAPE #94-43 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 14, 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 - EXCUSED 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 Harbert moved to approve the minutes of the Board of Social Services meeting of November 9, 1994, as printed. Commissioner Baxter 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 $18,832.85. Commissioner Baxter 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 10:35 a.m. / APPROVED: ATTEST: I , .J/./ Mu BOARD OF COUNTY COMMISSIONERS Atli Yom! WELD COUNTY, COLORADO Weld County Clerk to the Board 0O ' ili Lilt-J/73-D EXCUSED © E OF APPROVAL W. H. Webster, Chairman By: & u, k I L 1 Q c2 EXCUSED Deputy Clem to the Board Dal . Hall, Pro- em G/eQJ� E. Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Hello