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Home My WebLink About941526 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 1, 1994 TAPE #94-31 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, August 1, 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 Comptroller, Claud Hanes MINUTES: Commissioner Harbert moved to approve the minutes of the Board of County Commissioners meeting of July 27, 1994, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on July 27, 1994, as follows: 1) Special Review Permit for expansion of an existing natural gas processing plant in the A (Agricultural) Zone District, Vessels Oil and Gas Company. 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: Claud Hanes, Comptroller, presented the following warrants for approval by the Board: General Fund $ 228,356. 92 Commissioner Baxter moved to approve the warrants as presented by Mr. Hanes. Commissioner Harbert seconded the motion, which carried unanimously. 941526 BUSINESS: NEW: CONSIDER WAIVING THE 45-DAY TIME REQUIREMENT FOR RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR ANTONIO HERNANDEZ, DBA WESTVIEW LIQUORS, AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, explained the 45-day waiver policy and the acceptable reasons for waiver contained in said policy. He stated the subject license expires on August 13, 1994; however, it was not submitted until July 20, 1994. Mr. Barker explained this policy was put into effect because there were so many problems last year with late renewal applications; however, giving the applicant a stern warning one time and not allowing a late application a second time may be appropriate. He noted all applicants received a copy of the resolution containing the policy on the 45-day waiver. In response to a question from Commissioner Baxter, Mr. Barker explained the Board could deny the renewal based on the 45-day requirement, which would then require the applicant to obtain a new license. Commissioner Harbert suggested the Clerk to the Board's Office set up a tickler file so the applicants may be aware when they are near the 45-day limit. Tony Hernandez, applicant, was present and stated he had no comments. Chairman Webster stressed the importance of compliance with all liquor license requirements. Commissioner Harbert moved to approve the waiver of the 45-day time requirement and authorize the Chairman to sign. She also clarified for Mr. Hernandez that if the application is late next year, it will be denied. The motion was seconded by Commissioner Baxter, who sternly reiterated a late application will not be approved again. The motion then carried unanimously. CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR ANTONIO HERNANDEZ, DBA WESTVIEW LIQUORS, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated no violations were reported and all required information and fees have been provided. Commissioner Harbert told Mr. Hernandez that in her five years as a Commissioner, she has never voted to renew a liquor license; however, due to the absence of two Board members, she moved to approve said renewal and authorize the Chairman to sign. Commissioner Baxter, after stating he, too, has never voted to renew a liquor license, seconded the motion, which carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH DEPARTMENT AND NORTHERN COLORADO HEALTH NETWORK, INC. , DBA NORTHERN COLORADO AIDS PROJECT, AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, explained Ryan White funds are used to provide case management services for HIV infected persons within Larimer and Weld Counties. The Health Department is requesting to subcontract with Northern Colorado Aids Project to provide case management services for Larimer and the coordination of the Northern Colorado Care Consortium. After confirming this agreement is the same as the previous one, Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 62 BETWEEN WELD COUNTY ROADS 43 AND 45: Commissioner Harbert moved to approve said closure, and Commissioner Baxter seconded the motion which carried unanimously. CONSIDER REQUEST FROM PRIMA EXPLORATION, INC. FOR EXTENSION OF 60-DAY SHUT-IN PROVISION FOR BICK E #22-1 WELL LOCATED IN NE,'-,NEa S22, T6N, R65W: Mr. Barker explained this property was leased in the early 1970's, and Paragraph 5 of said lease contains a 60-day shut-in requirement. A well on said property was shut in on June 11, 1994; therefore, the 60 days will expire on August 10, 1994. Prima would like to recomplete said well; however, recompletion cannot begin until crops on the property have been Minutes - August 1, 1994 Page 2 harvested. Mr. Barker stated 1.53 acres are owned by the County, on which Prima is requesting an extension of 240 days from June 11, 1994, which would be to February 6, 1995. Pursuant to the mineral leasing and extension policy, a $52.00 compensation has been submitted. In response to a question from Chairman Webster, Mr. Barker explained he had recommended a six- month extension to be consistent with the leasing policy and in case of bad weather. Commissioner Baxter moved to approve said request, and Commissioner Harbert seconded the motion which carried unanimously. CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO ENTER UPON CERTAIN LANDS: Commissioner Harbert moved to approve said request, and Commissioner Baxter seconded the motion which carried unanimously. PLANNING: CONSIDER RE #1626 - SEWALD: Mr. Barker explained, on behalf of the applicant, that when only three Commissioners are present, it requires all three votes to approve an application; therefore, the applicant may request a continuance if desired. Francis Sewald, applicant, requested the Board proceed. Todd Hodges, Planning Department, entered staff's recommendation, with concerns, into the record. He explained the notch in proposed Lot B is property owned by AT&T and contains a tower. An access to Lot A exists off Weld County Road 15, and an access to Lot B exists off Weld County Road 84, with Lot B containing corn and alfalfa. Mr. Sewald stated the water source is North Weld and irrigation water, and an existing shack and outhouse would be removed from Lot A. In response to questions from the Board, Mr. Sewald said he recently purchased the entire farm, which he will be farming next year. He explained he is requesting the division for financial reasons, primarily to build a home and buy equipment. Mr. Sewald stated there are no other entrances off Road 15 and the entrance off Road 84 is a field access. He stated approximately 3.5 to 4 acres of Lot A are presently being farmed, and a house will be built in the proximity of the existing shack and outhouse. He noted the irrigation water is North Poudre. Mr. Sewald indicated he would like to build his residence on Lot B and stated he has an opportunity to sell Lot A, on which he is unsure of the building plans. He confirmed for the Board that he would build in the northeast corner of Lot B and use the existing access. Mr. Sewald explained the configuration of the fields and ditches and clarified the majority of the property is in corn, with about 15 acres in alfalfa. After further discussion, Commissioner Harbert suggested a building envelope in the northeast corner. No public testimony was offered, and Mr. Sewald confirmed all Conditions of Approval are agreeable. Mr. Barker read the suggested language concerning a building envelope to be added as Condition of Approval #6 and additional language for Condition of Approval #4 concerning mandatory use of the existing access to Lot B. Commissioner Baxter moved to approve Recorded Exemption #1626 for Francis Sewald, with all Conditions of Approval as recommended by staff. Commissioner Harbert seconded the motion and confirmed that Mr. Sewald understood all buildings are to be located within the 5-acre building envelope. The motion then carried unanimously. CONSIDER RE #1620 - MILLER: Mr. Barker explained, on behalf of the applicant, that when only three Commissioners are present, it requires all three votes to approve an application; therefore, the applicant may request a continuance if desired. Martin West represented the applicant, Frieda Miller, and requested the Board proceed. Mr. Hodges entered staff's recommendation for denial into the record and explained the reasons and concerns. In response to questions from the Board, Mr. Hodges stated the subject property is an existing farm, which was previously split by the applicant, and a field road Minutes - August 1, 1994 Page 3 exists along the boundary of proposed Lot B. Mr. West noted Lot B is currently in weeds, and no irrigation water is available without pumping. He suggested the possibility of using Lot B for a 4-H project, which would be considered an agricultural use. Mr. West also noted there are 10 accesses off Weld County Road 23 between Highway 392 and Weld County Road 72, 6 of which are agricultural and only 4 accesses are residential in that one mile. He clarified the applicant is not requesting any more accesses and stated, by creating this division next to Kennedy Subdivision, it contributes to orderly development. Responding to questions from the Board, Mr. West stated the farm to the east is in corn. He indicated the subject property had not been farmed for at least 12 years and reiterated there is no water available. Mr. West stated he does not see the property being divided again and explained Ms. Miller is an older lady and simply cannot maintain any more than her own yard and lawn. Commissioner Harbert suggested decreasing the north and east boundaries of Lot A and stated concern about the eastern leg being split off. Mr. West stated the east leg would be ideal for corrals and/or a shed, with the northern portion being used for a home. He stated the configuration of the lot could possibly be amended; however, the entire property is only 4.8 acres. After further discussion concerning the shape of the lot, it was suggested one of the irrigation wells also be included on Lot B. Concerning moving the lot lines, Mr. Barker stated there may be a problem with setback requirements, depending on the size and height of the buildings on Lot A. Mr. West requested the Board table the matter to allow him to consult with Ms. Miller. After further discussion, Commissioner Harbert moved to continue Recorded Exemption #1620 for Frieda Miller to August 3, 1994, at 9:00 a.m. Commissioner Baxter seconded the motion, 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 10:00 a.m. /��/// APPROVED: ATTEST �1 D /� Jvf/ t BOARD OF COUNTY COMMISSIONERS !�� !®,!, /q�( f WELD COUNTY, COLORADO Weld County Clerk to the Board � / t1/ �j / /./�! W. H. ebster, Chairman /` a By:4_S.,ew-Y -(,.tt EXCUSED Deputy Clerk to the Ba Dale . Hall �VV //// Ji I Geosge/E. Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Minutes - August 1, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO AUGUST 1, 1994 TAPE #94-31 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, August 1, 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 Comptroller, Claud Hanes MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of July 27, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. WARRANTS: Claud Hanes, Comptroller, presented the warrants for approval by the Board in the amount of $718,828. 19. Commissioner Harbert moved to approve the warrants as presented by Mr. Hanes. Commissioner Baxter 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 10:05 a.m. �/n// APPROVED: ATTEST: ol�Q BOARD OF COUNTY COMMISSIONERS WELD I OUNTY�CO///xo'I"(j ,'l Weld County Clerk to the Board .( W. H. We ster, Chairman l t By: d /, � l cL-t f-7, EXCUSED Deputy Clerk to the Beard t Dale . Hall, Pro Tem -,---- -. _ _,9°I e edr. Baxter ter' _.% Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Hello