HomeMy WebLinkAbout941452.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 14, 1994
TAPE #94-12 AND #94-13
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, March 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
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of
County Commissioners meeting of March 9, 1994, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on
March 9, 1994, as follows: 1) Resubdivision for vacation of Lot
9, Lupton Meadows Subdivision Division #3, Donald Parker; and 2)
Minor Subdivision Final Plat (Whitetail #1 and Whitetail #2) ,
Ivar and Donna Larson. Commissioner Hall seconded the motion,
and it carried unanimously.
ADDITIONS: There were no additions to the agenda.
ove the ent a as
CONSENT AGENDA: Commissioner Commissioner Hall seconded to rthe motion, and itgcarried
unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no reports given today.
PUBLIC INPUT: There was no public input offered.
WARRANTS:
Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 391,935.27
Handwritten Warrants:
General Fund
$ 50,000.00
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
941452
BUSINESS:
OLD: CONSIDER TWO TAX ABATEMENT PETITIONS FROM DIVERSIFIED OPERATING COR TO 03/07/94) : AND Warren AUTHORIZE
Assessor, stated lGN this(CONT.matterFROM
was
continued
continued to allow legal counsel time to research whether an
abatement can be processed before taxes are paid. Bruce Barker,
County Attorney, responded State law allows an abatement to be
processed at any time after taxes are certified and submitted to
the Treasurer's Office. Therefore, the abatement procedure for
said petitions is correct. Mr. Lasell recommended approval of
both petitions, stating the petition for Schedule #0-0086289 was
erroneously assessed as primary production when it should have
been assessed as secondary, and the petition for Schedule
#0-0151888 was erroneously assessed at the MCF gas price of
18.6100 instead of the corrected price of 1.4600. Commissioner
Hall moved to approve both petitions and authorize the Chairman
to sign. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER FIVE TAX ABATEMENT PETITIONS FROM BASIN OPERATING
COMPANY AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 03/07/94) :
Mr. Lasell stated this matter was continued similar to the
preceding matter to determine whether an abatement can be filed
before taxes are paid. He stated all five petitions concern a
slant-drilled well with equipment listed as being in the one
portion of a section, while the production was erroneously
assessed on the production in a separate part of that same
section. Mr. Lasell recommended approval of all petitions.
Commissioner Harbert moved to approve the five petitions for
abatement of taxes and authorize the Chairman to sign. Seconded
by Commissioner Baxter, the motion carried unanimously.
NEW: CONSIDER COLORADO CHILDREN'S TRUST FUND GRANT APPLICATION FOR
CHILD ABUSE PREVENTION EDUCATION AND AUTHORIZE CHAIRMAN TO SIGN:
Leslie Bangert, Health Department, reviewed the proposal for
$23, 035 for the child abuse prevention and parent education
program. Commissioner Baxter moved to approve said application
and authorize the Chairman to sign. Seconded by Commissioner
Harbert, the motion carried unanimously.
CONSIDER AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
ADMINISTRATION OF CITY OF GREELEY MUNICIPAL COURT APPROVED
PUBLIC SERVICE WITH CITY OF GREELEY AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Barker stated an Intergovernmental Agreement between
the City of Greeley and Weld County was approved in September
1993 to allow the County's Useful Public Service Department to
handle both DUI and juvenile offenders from the City of Greeley.
Mr. Barker stated the agreement has benefitted both entities and
explained the amendment is to assure defendants have the mental
and physical ability to perform the Court-ordered hours, as well
as the financial ability to pay the program fee of $60.00.
Commissioner Hall moved to approve said amendment and authorize
the Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 21 AT STATE
HIGHWAY 66 AND WELD COUNTY ROAD 28: Commissioner Harbert moved
to approve said closure. Seconded by Commissioner Baxter, the
motion carried unanimously.
Minutes - March 14, 1994
Page 2
REPEALING AND
FINAL READING OF ORDINANCE NO. 88-G, IN MATTER OF
RE-ENACTING ORDINANCE NOS. 88-D, 88-E, AND 88-F, REGULATING THE
RUNNING AT-LARGE OF DOGS; PROHIBITING LOUD, PERSISTENT, AND
HABITUAL NOISE BY DOGS; PROVIDING FOR SEIZURE, IMPOUNDING, AND
OTHER DISPOSITION THEREOF; AND PROVIDING FOR FINES AND PENALTIES
FOR VIOLATIONS: Commissioner Hall moved to read said Ordinance
by title only. Seconded by Commissioner Baxter, the motion
carried unanimously. Mr. Barker read the title of Ordinance No.
88-G. Commissioner Hall stated he spoke with Judge Lynn
Karowsky, who presides over Small Claims Court. Judge Karowsky
affirmed that barking dog complaints do fall within the purview
of his court and are viable complaints. Mr. Barker presented a
brochure entitled "How to Use the Colorado Small Claims Court",
Exhibit C, which delineates the process for handling this type
of claim and the filing fee. He also briefly discussed the
difference between a public and private nuisance complaint.
Gene Brantner, a subdivision resident, spoke in favor of the
Ordinance. He submitted a letter from the Weld County Health
Department, Exhibit A, showing how a barking dog can affect the
noise level of a neighborhood; and a memo dated March 20, 1990,
from Sheriff Jordan to the Board of County Commissioners,
Exhibit B, stating enforcement of a barking dog ordinance would
not create an unmanageable problem for his office. Mr. Brantner
reiterated his concerns about barking dogs if the Ordinance is
not passed and answered questions from the Board. Robert Coffan
spoke in favor of the Ordinance, since he feels it is more
thorough than handling matters through Small Claims Court. Bob
Schellenberger, a resident of Northmor Acres Subdivision, said
he feels Small Claims Court is a sledgehammer approach and
retribution will be more of a problem for complainants. Randi
Cook and Rhonda Lesh spoke against an Ordinance which requires
County-wide enforcement of a problem affecting only certain
neighborhoods. Commissioner Hall stated civil remedies exist
which appear to be the best way to handle private nuisance
complaints and help avoid future County-wide costs to deal with
a few problems. He moved to delete Section 3 of Ordinance No.
88-G concerning barking dogs. Commissioner Kirkmeyer asked if
the motion included the deletion of any reference to Section 3
throughout the remainder of the Ordinance. Commissioner Hall
amended his motion to include the deletion of any references to
Section 3, and Commissioner Kirkmeyer seconded the motion.
Commissioner Harbert said she feels this matter should be looked
at again in one year to see if it is being effectively handled
through the Court system. On roll-call vote, the motion carried
unanimously. Commissioner Baxter moved to approve Ordinance No.
88-G, as amended. Commissioner Kirkmeyer seconded the motion;
however, she questioned why the remainder of said Ordinance is
necessary. Mr. Barker explained there are presently three
ordinances concerning dogs running-at-large which amend each
other and they would all be incorporated into this one. Also,
he explained Ordinance No. 88-G has included fees separating
penalty assessment and fines at the recommendation of the Court.
The motion carried unanimously.
PLANNING: CONSIDER RE #1587 - COFFAN: Gloria Dunn, Planning Department
representative, entered staff's concerns with this division into
the record. Let the record reflect that Shelly Miller is now
the Acting Clerk to the Board. At the request of Commissioner
Baxter, Ms. Dunn reiterated staff's concern about the easement
being part of the driveway; however, she stated the Health
Department indicated the easement would be adequate for septic
repair. In response to questions from the Board, Ms. Dunn
explained proposed Lot A would be less than one acre; therefore,
a permanent easement must be provided on proposed Lot B. She
indicated proposed Lot A would be on the south end of the
property, adjacent to Weld County Road 10. Robert Coffan,
Minutes - March 14, 1994
Page 3
applicant, explained the property has been divided into two
homesites for over 25 years, and this division will not result
in a change in use. He indicated there are separate water taps
and utilities for the two homes as well. In response to a
question from Commissioner Kirkmeyer, Ms. Dunn indicated the two
lots existed prior to the subdivision regulations. Mr. Coffan
explained the maps concerning the septic systems and indicated
the easement under the driveway is ten times bigger than
required; therefore, even if the driveway were asphalted, there
would be plenty of room for repairs. In response to further
questions from the Board, Mr. Coffan confirmed that he owns the
entire parcel and could obtain a legal easement. He explained
he would not be selling proposed Lot A, and, in conjunction with
the Tri-Area Planning Commission's recommendation, this division
would clear up a matter that may be illegal. Mr. Coffan
submitted a letter of support, Exhibit A, from the most closely
affected neighbors, David and Jackie Raab. He said the geologic
hazard assessment was also supported because there will not be
any physical changes. In response to further questions from the
Board, Mr. Coffan explained the future of their property as it
exists is questionable and described different scenarios. He
also indicated one of Weld County's policies is to use common
sense. Responding to questions from the Board, Ms. Dunn
indicated there is a nonconforming use existing, and in the case
of fire, rebuilding of a destroyed home would not be allowed.
She further clarified major improvements to either home would
require a Special Review Permit, since they are both on one lot.
Mr. Coffan responded to Commissioner Hall indicating he bought
the property about one year ago. Commissioner Harbert stat
ed
this is basically a housekeeping matter and moved to approve RE
#1587 for Robert and Simone Coffan. Commissioner Baxter
seconded the motion. Ms. Dunn reminded the Board that it must
determine the lot exempt from the minimum lot size requirement
and submitted Conditions of Approval for review. The motion was
withdrawn and no public testimony was offered. Ms. Dunn
confirmed for Mr. Coffan that it would be his responsibility to
survey and provide a mylar plat for recording within 60 days.
Mr. Coffan acknowledged the Geologic Hazard Development Permit
requirements. Commissioner Harbert moved to exempt proposed Lot
A from the one-acre requirement, and Commissioner Baxter
seconded the motion which carried unanimously. Commissioner
Harbert then moved to approve RE #1587 for Mr. and Mrs. Coffan,
with the Conditions of Approval, and Commissioner Baxter
seconded the motion. Commissioner Hall stated this matter would
be an exception to the rule, which he does not like. However,
since the second house being approved incorrectly was out of the
Coffan's control, this division would be one way of handling
this matter, and he would reluctantly vote in favor. Thus, the
motion carried unanimously.
CONSIDER RE #1581 - BRENNAN (CONT. FROM 03/07/94) : Ms. Dunn
entered staff's revised recommendation for denial into the
record. Commissioner Hall questioned whether the applicants
were advised of the revision to staff's recommendation
concerning reclassification of the mobile home into a Temporary
Use During Construction of a Residence. Ms. Dunn
stated were
indicated
they
were advised. Daniel Brennan, app
notified only last week at the continuance hearing, which was
the first time they saw the staff's recommendation. Mr. Brennan
said his intention was to sell the three-acre lot and build
another home since he acquired a legal easement when a gas line
was installed on his property. He said the access would be from
Weld County Road 37 across Lots 46 and 66. Mr. Brennan
indicated the land is 29 acres of dryland, currently planted in
wheat and used as pasture for his horses. He said there is not
a proposed buyer at this time and they are selling Lot A to
Minutes - March 14, 1994
Page 4
build another home, shop, etc. Responding to further questions
from the Board, Mr. Brennan said the potential for reclassifying
the mobile home as a temporary use is not feasible because there
are already outbuildings, corrals, etc. , existing near the home.
He further explained removing the mobile home would not help,
because all other buildings are permanent. Commissioner Baxter
questioned the possibility of splitting off ten acres rather
than only three acres. Mr. Brennan stated the City of Fort
Lupton indicated it would be worse to split off ten acres and
explained the lot is already oddly shaped. No public testimony
was offered. In response to further questions from the Board,
Mr. Brennan stated he now has a well for domestic water and the
water department indicated there would be no problem obtaining
another well permit once the property was legally divided. He
stated domestic water is not yet available in that area yet and
reiterated the remainder of the land was dryland for horse
pasture. In response to a question from Commissioner Harbert,
Mr. Brennan indicated he had been working with Planning staff
for about one year and had submitted the application shortly
after the first of this year. He confirmed he did not receive
staff's recommendation until last week's meeting and reiterated
there is no change in the purpose of the land. Mr. Brennan said
he would be willing to split off ten acres if that would solve
the problem. Commissioner Kirkmeyer indicated that would not be
practical with the water uses. Ms. Dunn submitted Conditions of
Approval for the Board's review, and Mr. Brennan indicated he
agreed with all Conditions. Ms. Dunn, referring to Condition of
Approval #2b, explained to Mr. Brennan that the noncommercial
junkyard could be brought into compliance by screening or
enclosing the materials. Mr. Brennan said the noncommercial
junkyard is not a problem and will be brought into compliance.
After further discussion, Commissioner Baxter acknowledged
staff' s concerns which have been addressed and moved to approve
RE #1581 for Daniel Brennan with the Conditions of Approval.
Chairman Webster seconded the motion to get the matter on the
floor. Commissioner Hall stated he would vote against the
motion because there is no compliance with any of the criteria
and he believes the division will create a continuing problem.
He said the Agricultural use will not be maintained because a
residential use will be created on the three-acre lot.
Commissioner Kirkmeyer agreed with Commissioner Hall's
statements and said this request does not fit the intent of the
policy and would be piece-meal development. Commissioner
Harbert said she, too, has a problem approving this request;
however, she is also concerned with the applicant being notified
only one week ago of his alternatives. Commissioner Kirkmeyer
stated she too is concerned with staff's notification procedure,
but the Board is not aware of the specifics of the conversations
between staff and the applicant. On a roll-call vote, the
motion failed with only Commissioner Baxter and Chairman Webster
voting aye.
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.
Minutes - March 14, 1994
Page 5
There being no further business, this meeting was adjourned at
10:45 a.m.
APPROVED:
ATTEST: Aldipd BOARD OF COUNTY COMMISSIONERS
I WELD COUNTY, COLORADO
Weld County Clerk to the Board
W. H. eb `ter, hairman
By: L" `" 2 // � Dale K. Hall
�eputy Clerk to the Boar
/ //- ,
eoorge E Baxter
Constance L. Harbert
arbara J. Kirkmeyeir
Minutes - March 14, 1994
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MARCH 14, 1994
TAPE a94-13
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, March 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
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 Harbert moved to approve the minutes of the Board
of Social Services meeting of March 9, 1994, as printed.
Commissioner Hall 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 $110,578.94 and one
handwritten warrant in the amount of $67.88. Commissioner
Baxter moved to approve the warrants as presented by Ms. Miller.
Commissioner Kirkmeyer 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
10:50 a.m.
4atJ
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ,/
O
Weld County Clerk to the Board �// ,i0/ /r„
Webster, Chairman
By: L Dale Hall, Prc-Tem
Deputy Clerk to the Board
/y
George Baxter
Constance L. Harbert
71%71 / rIi t'
Barbara J. Kirkmeer
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