HomeMy WebLinkAbout941504.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 15, 1994
TAPE #94-26 AND #94-27
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, June 15, 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
Comptroller, Claud Hanes
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of County Commissioners meeting of June 13, 1994, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Hall seconded the motion, and it carried
unanimously.
PUBLIC INPUT: No public input was offered.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for
approval by the Board:
General Fund $ 100, 787.49
Commissioner Baxter moved to approve the warrants as presented
by Mr. Hanes. Commissioner Hall seconded the motion, which
carried unanimously.
BIDS: PRESENT BIDS: No bids were presented.
BUSINESS:
OLD: CONSIDER AGREEMENT FOR ROAD MAINTENANCE AND SNOW REMOVAL WITH
TOWN OF EATON AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM
06/13/94) : Bruce Barker, County Attorney, reported he spoke
with Gary Carsten, Town of Eaton, and he concurred with the
Board that the Town of Eaton would maintain Weld County Road 74
west from Highway 85; therefore, Mr. Barker reflected said
change in the agreement. All other requirements and amounts are
correct, and the agreement will be reviewed by the Town Board.
After discussion, it was confirmed that Eaton would maintain all
of Road 74 within the Town. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chairman to sign. The
motion, seconded by Commissioner Baxter, carried unanimously.
941504
NEW: CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS WITH BERNICE E. , MARY ALICE, AND
VIRGINIA M. LINDBLAD AND AUTHORIZE CHAIRMAN TO SIGN -
BRIDGE #23/74A: Denny Graham, Civil Engineer for the Public
Works Department, explained the County needs to acquire property
for the reconstruction of the bridge over the Larimer/Weld
Canal. The land is 0.01 of an acre at a price of $100.00. He
explained the construction would begin this fall and would
include a wider bridge and improved road alignment. Concerning
the next item of business, Mr. Graham indicated it is 0. 174 of
an acre for $224.00, which is a wasteland bank. He noted that
Mr. Barker is working on two other parcels which the County
needs to acquire. Commissioner Hall moved to approve said
agreement and authorize the Chairman to sign. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR
RIGHTS-OF-WAY AND/OR EASEMENTS WITH DONNA M. WINTER AND LOIS J.
STURGEON AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #23/74A: This
matter was explained in the previous item of business.
Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chairman to sign. The motion, seconded by
Commissioner Hall, carried unanimously.
CONSIDER INDEMNIFICATION AGREEMENT BETWEEN CLERK AND RECORDER
AND DILLON COMPANIES, INC. , DBA KING SOOPERS, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated this type of
agreement has been used in the past for the Clerk and Recorder
to set up a table for voter registration at King Soopers. He
stated his only concern was that the agreement indemnified King
Soopers for negligence of its employees; however, after speaking
with Don Warden, Finance and Administration Director, it was
decided that would be very low risk. Commissioner Harbert moved
to approve said agreement and authorize the Chairman to sign.
Commissioner Baxter seconded the motion, which carried
unanimously.
PLANNING: Mr. Barker requested Item #1 under Planning be considered after
Item #4 to allow the presence of Lee Morrison, Assistant County
Attorney. Commissioner Kirkmeyer so moved, and Commissioner
Harbert seconded the motion which carried unanimously.
CONSIDER PROBABLE CAUSE - LOLOFF: This item was moved to the
end of the agenda.
CONSIDER ZPMH #1905 - ZAVALA: Keith Schuett and Todd Hodges,
Planning Department representatives, were present, and Mr.
Schuett stated this permit is for one mobile home to be used as
a principal dwelling and staff recommends approval. Mr. Schuett
submitted a letter from the Colorado Division of Water Resources
indicating no objection to a cistern as long as the County
identifies the water supply as being legal. He stated a
Condition of Approval to that effect could be added. In
response to questions from Commissioner Hall, Mr. Schuett
indicated he has heard that Fort Lupton is working with
Aristocrat Ranchettes concerning water and reiterated the State
requires the water come from a legal supply, such as the City of
Fort Lupton. He stated there are numerous cisterns used in
Aristocrat Ranchettes. Cecilio Zavala represented the applicant
and said they would get their water from Fort Lupton. In
response to further questions from the Board, Mr. Schuett
indicated the Health Department would inspect the cistern. He
said the mobile home is already on the property, and Condition
of Approval #3 limits the lot to one access. Trevor Jiricek,
Health Department, also responded to questions from the Board
and stated the cistern ordinance requires a legal water supply,
with the cisterns being checked yearly. He explained the home
owners are educated concerning chlorination. Mr. Zavala
indicated he agrees with the Conditions of Approval. Mr.
Schuett reiterated that a cistern system is a legal supply of
water as long as the water comes from a legal source. Mr.
Jiricek suggested Condition of Approval #2 be amended to require
Minutes - June 15, 1994
Page 2
the applicants to obtain a cistern permit from the Health
Department in accordance with the ordinance. After further
discussion, Mr. Barker read the proposed additional language for
Condition of Approval #2 as follows: "If the legal water supply
is to be a cistern, the applicant shall obtain a cistern permit
from the Weld County Health Department. " No public testimony
was offered. Commissioner Harbert moved to approve ZPMH 111905
for Daniel and Maria Zavala, with the four Conditions of
Approval and the additional language to Condition of
Approval #2. (Changed to Tape #94-27. ) Commissioner Baxter
seconded the motion, and Commissioner Hall stated he would vote
against the motion because he still has concerns about the
adequacy of the water supply. The motion carried four to one,
with Commissioner Hall voting nay.
CONSIDER RE #1617 - BOMBER: Gloria Dunn, Planning Department
representative, read staff's recommendation for denial into the
record. Kermit Bohrer, applicant, presented an aerial photo,
Exhibit A for the record, and noted inconsistencies and
inaccuracies in staff's letter. He stated the other divisions
on the property were granted in 1984, and he bought the property
in 1986. He now desires to provide homes for his two children
on the 68 acres, with the remainder of the property to remain in
agricultural use. Concerning orderly and efficient development,
Mr. Bohrer referred to the aerial photo and explained the
surrounding land uses, roads, etc. Concerning the agricultural
issue, Mr. Bohrer explained he farms the 68 acres, as well as 80
acres to the south, with a pivot sprinkler. He said the pivot
would remain to grow hay and corn, and the houses would be
placed on the corners. Regarding the access, Mr. Bohrer said
there is a granted easement, and he submitted right-of-way
information from 1889, as Exhibit B, concerning public roads.
In reference to a memo from Donald Carroll, Public Works
Department, he stated the access would accommodate three
residences, and the other road is a field road which is not used
for ingress and egress. Mr. Bohrer also referred to a letter
from the Town of Mead and stated a flagpole annexation was
recently prevented in the area. He further explained his goal
is to keep the land in two 40-acre tracts and in agricultural
use, as well as to comply with the Comprehensive Plan. In
response to questions from the Board, Mr. Bohrer stated he
questions whether the ground is actually prime farm land;
however, he reiterated the major part of the property would
remain agricultural. He stated his son helps him farm and his
daughter is in school. He said he accesses his lot from
Vermillion Road and intends to upgrade the access to the
proposed lots. In response to a question from Commissioner
Harbert concerning an access agreement, Mr. Barker indicated an
analysis would need to be done concerning the public right-of-
way to see if the properties were in the public domain in 1889.
Mr. Bohrer referred to Exhibit B and stated the recording
information is on his deed of trust. Mr. Barker stated that
document is not conclusive proof, and Ms. Dunn stated there is
no right-of-way reservation on the section line and two
petitions to open the road have been denied. Commissioner
Harbert reiterated the need for an access agreement. No public
testimony was offered concerning said matter. Staff submitted
Conditions of Approval to the Board for review. In response to
further questions from the Board, Mr. Bohrer stated the water
source is committed from Longs Peak as long as he provides an
easement to serve the two lots. He agreed to accept a Condition
of Approval requiring the remainder of the property be left in
agriculture and stated he would issue one share of Highland
Ditch water to each parcel. Commissioner Kirkmeyer clarified
for Mr. Bohrer that he has one year from the date he applies for
a septic permit to finalize the ISDS Permits. Ms. Dunn read
proposed language into the record concerning the shares of ditch
water, and Mr. Schuett suggested the requirement of a building
envelope be added as a Condition of Approval prior to recording
the plat, with the water issue being added as a note on the
plat. On behalf of Mr. Bohrer, Mr. Schuett explained the
building envelope could be shown by hatch marks on the plat, and
Minutes - June 15, 1994
Page 3
Commissioner Harbert clarified the access must be maintained by
the residences, and would not be done by the County. Mr. Bohrer
said he currently maintains the entire road at no cost to his
neighbors, and he confirmed that he understands the County will
not maintain it. Commissioner Harbert suggested a Condition of
Approval be added to require the property owners to maintain the
access off of Weld County Road 1. Mr. Schuett recommended that
the privately maintained road be added as another note on the
plat. Mr. Bohrer confirmed that he understands and agrees with
all Conditions. Commissioner Kirkmeyer moved to approve RE
#1617 for Kermit and Sandra Bohrer, including all Conditions of
Approval discussed. Commissioner Baxter seconded the motion,
which carried unanimously.
CONSIDER RELEASE OF COLLATERAL IN THE AMOUNT OF $1,560 FOR EATON
LANDFILL/AL MILLER: Mr. Morrison explained this item was
expected to be addressed with the prior release of collateral
for Eaton Landfill approved on June 8, 1994. However, he
assumed the invoices were cumulative for the months of April and
May; therefore, only May's invoice was paid. Al Miller informed
Mr. Morrison that said invoices were not cumulative and
requested release of collateral in the amount of $1,560 to pay
April's invoice, which was for the same type of work. In
response to a question from Commissioner Kirkmeyer, Mr. Morrison
responded that Mr. Miller's ten-day deadline would expire on
Monday, June 20, 1994. Commissioner Baxter indicated he was at
the site last fall and again on Monday, June 13, 1994. He
reported the area to the south still needs to be filled, and the
gate needs to be locked. The tires are piled, but they are not
in a finalized pile or meshed. Commissioner Baxter stated Mr.
Miller informed him he would be completed by the end of the
month; however, the money being held for collateral is not going
to be enough to cover the total cost, because he is going to
berm the area. He would, however, like the collateral released
to pay the bill for the work completed. Commissioner Baxter
informed the Board that, after discussion with Mr. Warden, there
would be $900 left in the account after this invoice is paid,
and the original agreement did not require a berm. Mr. Morrison
stated the tires are to be pushed to the back of the ravine,
fenced, and meshed, so no additional tires can be added. After
discussion, Mr. Morrison explained the amount was based on a
prior agreement, and he doubts if it will be sufficient to cover
the entire project. Commissioner Baxter said Mr. Miller
indicated he would finish the project and reiterated this bill
needs to be paid for the work done. Commissioner Harbert moved
to approve the release of said collateral, with the check
payable to both D-Caton Excavation, Inc. , and Al Miller.
Commissioner Kirkmeyer seconded the motion. Mr. Morrison stated
he had sent Mr. Miller a letter pointing out the issues noted by
Trevor Jiricek, Health Department, which are required for
completion. The motion carried unanimously.
(Let the record reflect that Mr. Morrison is now the Attorney of
Record. )
CONSIDER PROBABLE CAUSE - LOLOFF: Barry Kramer, Planning
Department representative, was present, and Mr. Schuett
explained USR #690 was originally approved for a gravel
operation and then amended to include storage materials.
However, the amended plat was never recorded, certain Conditions
of Approval have not been met, and there are structures on site
which were not identified for storage. Mr. Schuett stated that
Ed Loloff, permit holder, thought the plat had been recorded and
indicated the Conditions would be met. Mr. Schuett also stated
that Gary DeJohn, DeJohn Housemoving, Inc. , is in the process of
moving the unidentified structures off the property. Mr. Loloff
stated he will comply with whatever is necessary and the
buildings will be removed as soon as possible. He reiterated
that he did not know the plat had not been recorded. Mr.
Schuett indicated he still does not have the plat, a recording
fee must be paid, and the structures must be removed. He stated
the construction landfill will be allowed after the plat is
Minutes - June 15, 1994
Page 4
recorded. Mr. Schuett also noted the Conditions of Approval
were supposed to be met within 30 days of approval of the
Amended Permit, and the existing road maintenance agreement with
the City of Greeley and the County needs to be amended. For Mr.
Loloff's information, Mr. Schuett responded that he believes
Vern Nelson, Nelson Engineers, has the plat. Commissioner
Kirkmeyer confirmed for Mr. Loloff that the plat must be
recorded, the buildings removed, and the road agreement amended.
Mr. Schuett stated, according to the Health Department, four of
the five Conditions of Approval are in compliance and the dust
abatement plan could be approved; however, the modular units are
not allowed. Responding to Commissioner Kirkmeyer, Mr. DeJohn
stated there were originally six duplexes and four have been
removed. Another one will be removed within two weeks, and the
other one should be removed within 45 days. Chairman Webster
suggested a 60-day window, and it was confirmed for Mr. Loloff
that magnesium chloride would be appropriate dust abatement.
Mr. Schuett clarified the dust abatement plan would need to be
amended and submitted to the Health Department. Mr. Schuett
recommended the Board find sufficient probable cause to set a
Show Cause Hearing in 60 days. No public testimony was offered
concerning this matter. In response to a question from
Commissioner Harbert, Mr. Morrison indicated a Show Cause
Hearing would be more expedient in the event the corrections
were not made. Commissioner Harbert moved to find Ed Loloff in
violation of USR #690 and to set a Show Cause Hearing for August
24, 1994, at 10:00 a.m. , with the violations to be corrected by
that date. Commissioner Kirkmeyer seconded the motion, and
Commissioner Hall requested staff put all requirements in
writing for Mr. Loloff. Mr. Schuett confirmed that he would,
including the dust abatement plan. The motion then 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: ' " uein BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA
Weld County Clerk to the Board �i
ebste , hairman
By:
Deputy e k to the rd Dale t. Hall 7�
Geor e . Baxter
Cy/stance L. Harbert
/ ICc L
Barbara J. Kirkmey r
Minutes - June 15, 1994
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JUNE 15, 1994
TAPE #94-27
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, June 15, 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:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Shelly Miller
Comptroller, Claud Hanes
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of June 13, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Claud Hanes, Comptroller, presented the warrants for approval by
the Board in the amount of $276,211.91. Commissioner Harbert
moved to approve the warrants as presented by Mr. Hanes.
Commissioner Baxter seconded the motion, which carried
unanimously.
NEW BUSINESS: CONSIDER AGREEMENT AMONG WELD ADOLESCENT RESOURCES, INC. , AND
ALTERNATIVE HOMES FOR YOUTH AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Morrison explained that Bruce Barker, County Attorney, prepared
this agreement and it has been signed by Jess Quinby, on behalf
of Weld Adolescent Resources. He stated one minor correction
must be made on the signature line for the Board to sign as the
Board of Social Services, and he will have that changed.
Commissioner Hall moved to approve said agreement and authorize
the Chairman to sign. The motion, seconded by Commissioner
Baxter, 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: �� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board D
W H. Webs er, airm n
By
—/1Depputy C er o the Board Dale I 1, P o m�
/George/E. Baxter
Con,9tance L. Harbert
'}J C1( L/ .( LA-2y
//Barbara J. Kirkme er
Minutes - June 15, 1994
Page 2
Hello