HomeMy WebLinkAbout931432.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 14, 1993
TAPE 1/93-14
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, April 14, 1993, 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 Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of April 12, 1993, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
ADDITIONS: Chairman Harbert added Planning Item 1/5 - Consider Effective
Date of Proposed Subdivision Amendments
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Webster seconded the motion, and it
carried unanimously.
PROCLAMATIONS: PUBLIC HEALTH NURSING DAY - APRIL 16, 1993: Commissioner
Webster read said proclamation into the record.
DEPARTMENT HEADS AND
ELECTED OFFICIALS: Chuck Cunliffe, Planning Director, reviewed the summary of
activities for the first quarter of 1993. The Department of
Planning Services has received and processed 62 land-use cases
requiring public hearings, and 22 staff-issued applications.
Mr. Cunliffe reported staff responded to a total of 2, 904 public
inquiries. In the Building Inspection Division, 490 permits
were issued, comprised of 163 building permits, 239 oil and gas
permits, 45 electrical permits, and 43 mobile home permits. The
division conducted 2,282 construction inspections and processed
28 building code violations. The department investigated 15
zoning complaints and processed 2 zoning violations.
Curt Probert, Extension Director, reported on the 4-H Food
Drive, 4-H Answers for Tomorrow, Master Food Preservers,
Colorado Animal Feeding Regulations, Dairy Management Short
Course, Pigeon Handout Development, and the Colorado Farm Show.
PUBLIC INPUT: No public input was given.
93l 432
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 204,462.04
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Baxter seconded the motion which
carried unanimously.
BIDS: PRESENT 1993 CHIP AND SEAL PROJECTS - ENGINEERING DEPARTMENT:
Mr. Warden read the names of the two vendors who submitted bids
into the record. He also noted the Weld County Engineering
Department submitted a bid. Said bid will be considered for
approval on April 28, 1993.
APPROVE NOXIOUS WEED CONTROL PROGRAM/ROADSIDE SPRAYING -
EXTENSION SERVICE (CONT. FROM 04/07/93) : Mr. Warden presented
a memo from Ron Broda, Vegetation Management Specialist,
recommending said bid be rejected in favor of using county
resources at a much lower cost to complete this project. A
comparison shows the county cost to be $75.95/hour, and the low
bid to be $125.00/hour. Commissioner Hall moved to reject said
bid. Seconded by Commissioner Baxter, the motion carried
unanimously.
APPROVE PLACEMENT ALTERNATIVE FUNDING - SOCIAL SERVICES (CONT.
FROM 03/17/93) : Mr. Warden recommended said bid be continued to
mid-May, since the grant from the State is not usually received
until that time. Commissioner Kirkmeyer moved to continue said
bid to May 19, 1993. Seconded by Commissioner Hall, the motion
carried unanimously.
APPROVE PAVING AND SHOULDERING (ARROWHEAD SUBDIVISION) -
ENGINEERING DEPARTMENT: Mr. Warden presented the recommendation
from the Engineering Department to accept the low bid from
Coulson Excavating Company. Commissioner Baxter moved to accept
the bid from Coulson Excavating Company in the amount of
$193,480.00. Seconded by Commissioner Webster, the motion
carried unanimously.
BUSINESS:
OLD: CONSIDER HOUSING GRANT CONTRACT WITH COLORADO DEPARTMENT OF
LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE CHAIRMAN TO
SIGN (CONT. FROM 04/07/93) : Chairman Harbert stated the zoning
problems have not been totally resolved; therefore, this item
needs to be continued another week. Commissioner Baxter moved
to continue said grant to April 21, 1993 at 9:00 a.m. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
NEW: CONSIDER APPROVAL OF REVISED SMALL TRACT OIL AND GAS LEASE FORM:
Bruce Barker, Assistant County Attorney, reviewed the process
recently completed to revise our oil and gas lease form for use
on parcels of 5 acres or less. Bill Crews, Certified
Professional Land Man, said that he would like to see the County
revise their policy regarding the royalty bonus. At present the
policy states "a minimum of $200", whereas Mr. Crews would
prefer it to be a flat $200. In response, Mr. Barker stated
this lease form was written within the guidelines of the policy
as it currently stands and any change would need to be made to
the policy, not to this lease form. He also advised the Board
if they wish to make a change to the mineral leasing policy, it
should be listed as an item of business on a future agenda in
order to meet the notice requirements. Mr. Barker also stated
notice was mailed to everyone on the mailing list for mineral
Minutes - April 14, 1993
Page 2
leasing maintained by the Purchasing Department. After
discussion, Commissioner Webster moved to approve said lease
form and to review the policy at a later date. Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE OIL AND
GAS LEASE WITH H & C COLTON COMPANY - NISWiy, S34, T5N, R66W
(CONT. FROM 03/03/93) : Mr. Barker mentioned this is the lease
that started the revision to the lease form approved in the
preceding item of business. Mr. Crews is requesting approval of
said lease on 3. 717 acres for a bonus amount of $200.00.
Commissioner Webster moved to waive the bid procedure and
approve said oil and gas lease with H & C Colton Company.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER APPOINTMENT TO PRIVATE INDUSTRY COUNCIL: Chairman
Harbert stated this is a new position and the individual
appointed is not replacing a former member. Commissioner
Webster moved to appoint Melanie Hernandez-George to said
council, with her term to expire December 31, 1994. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS,
FOR HENRY WALKER, DBA BEARS SPORTS SALOON, AND AUTHORIZE
CHAIRMAN TO SIGN: Chairman Harbert read the report from the
Sheriff's Office stating no record of violations were found for
this establishment. Commissioner Hall moved to approve said
license renewal, and authorize the Chairman to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER RESOLUTION RE: FEE SETTING FOR SPECIAL TRANSPORT
PERMITS: Mr. Barker explained the background leading to said
resolution, and asked Alan Miller, Engineering Department, to
update the Board on this matter. Mr. Miller stated the meetings
with the oil and gas producers went well, and his recommendation
is to raise the special transport fee to $1, 000.00. In response
to a question from Commissioner Kirkmeyer, Mr. Miller explained
how the $1, 000.00 amount was reached. After discussion,
Commissioner Hall moved to approve said draft resolution.
Seconded by Commissioner Webster, the motion carried
unanimously.
PLANNING: CONSIDER APPROVAL OF IMPROVEMENTS AGREEMENT CONCERNING WINDSONG
RANCH - LIND LAND COMPANY: Lee Morrison, Assistant County
Attorney, explained there are two agreements to be considered
today. The first is the off-site agreement, which concerns the
turn lanes into the subdivision. The second agreement is the
on-site agreement, from which utilities have been excluded due
to letters received from Little Thompson Water District, Public
Service Company, and Poudre Valley Rural Electric Association,
Inc. waiving any bonding requirements. Mr. Morrison said the
only action necessary by the Board in the future if these
agreements are approved, is to accept the necessary collateral.
He said the collateral will be held for approximately one year
then released, except for a 10% retainage which will be held for
an additional year to guarantee maintenance after completion of
the paving project. In response to a question from Chairman
Harbert, Mr. Morrison said County policy for the last five to
six years has been to hold 10% for a year, upon the
recommendation of the County Engineer, to guarantee the paving
project. Mr. Morrison stated the covenants address the
possibility of owners being assessed for repairs. After
discussion, Commissioner Hall moved to approve the off-site
improvements agreement. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously. Chuck Cunliffe, Director of
Planning Services, stated the fire protection district has
requested the retention pond for fire protection be shown on the
Minutes - April 14, 1993
Page 3
final plat. At present, it is shown as being one of the
retention ponds; however, it is not specifically identified.
Tom Hellerich, Attorney representing Lind Land Company,
explained where the retention pond for fire protection will be
located. Mr. Cunliffe stated the original resolution requires
the concerns of the fire protection district to be met. After
discussion, Mr. Hellerich agreed to meet with the fire
protection district as necessary to resolve this situation. Mr.
Morrison stated if additional construction is agreed upon, this
agreement would need to be amended. Mr. Cunliffe stated the
Department of Planning Services would need to have engineering
data on such construction. Mr. Morrison suggested an amendment
on Exhibit "A" to include "(including fire protection pond)"
after "Retention ponds". After discussion, Commissioner
Kirkmeyer moved to approve the on-site improvements agreement
with Mr. Morrison's suggested wording, and to amend the Final
PUD Plan Plat to show the location of the retention pond for
fire protection. Seconded by Commissioner Baxter, the motion
carried unanimously. Mr. Cunliffe presented a letter received
from the Windsor School District waiving the impact fee. Said
fee was included as a requirement on Page 4, under Section
3.0. (2) of the resolution granting final PUD approval which was
approved by the Board on November 18, 1992. Mr. Cunliffe said
the note should also be deleted from the final plat.
Commissioner Hall moved to approve said deletion, per Mr.
Cunliffe's recommendation. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER RE #1479 - WILLIAM AND NOBLET DANKS: Mr. Cunliffe read
the favorable recommendation of the Department of Planning
Services into the record, and presented three Conditions of
Approval for consideration if approval is granted. He stated a
request was received from Roy Rothe, a surrounding property
owner, asking that a child-proof fence be erected between the
existing residences and the ditch on Weld County Roads 61 and
50. Bob Krepps, broker representing William & Noblet Danks,
explained this is a small irrigation ditch with is owned by the
applicants and Mr. Rothe. He pointed out how a fence would
restrict the use of the ditch, and stated the ditch has been
there 20-30 years without fencing. Robert Holderness,
surrounding property owner and proposed purchaser, spoke in
favor of this request. He said it would make more sense to
fence a yard than an irrigation ditch. After discussion,
Commissioner Kirkmeyer moved to approve RE #1479, with the three
Conditions of Approval as written by staff. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER RE #1480 - WILLIAM AND NOBLET DANKS: Mr. Cunliffe read
the favorable recommendation of the Department of Planning
Services into the record, and presented three Conditions of
Approval for consideration if approval is granted. Mr. Krepps
stated this property adjoins the preceding recorded exemption
request, although the two properties were purchased at different
times. The same concerns over the irrigation ditch apply to
this request. If approved, the 6-acre parcel would possibly be
purchased by Terry Rothe, who is already living in the area.
After discussion, Commissioner Webster :moved to approve RE
#1480, with the three Conditions of Approval as written by
staff. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER RE #1485 - ST. LUKE'S CORPORATION: Mr. Cunliffe read
the recommendation of the Department of Planning Services into
the record, and presented three Conditions of Approval for
consideration if approval is granted. He said an inquiry was
received regarding the right-of-way status of Weld County Road
45, south of Weld County Road 84. Mr. Krepps, representing St.
Luke's Corporation, reviewed the history of this property. He
Minutes - April 14, 1993
Page 4
said Norman Scheller, President of St. Luke's Corporation,
purchased this property a number of years ago. Mr. Scheller and
his son operated the farm for several years. Since the death of
his son, Mr. Scheller no longer wishes to farm the property;
however, the neighbor across the road would like to purchase the
large parcel to farm. Since he has no need of the improvements,
Mr. Scheller is requesting the split in order to sell the
smaller parcel. He pointed out the smaller parcel contains only
non-productive land. Susanne and Kirk Martinson, proposed
purchasers of the smaller parcel, stated their reasons for
supporting this proposal. In response to a question from
Commissioner Kirkmeyer, Mr. Cunliffe stated the County maintains
Weld County Road 45 a distance of approximately 100 yards south
of Weld County Road 84 to the corrals that are currently there.
Commissioner Webster moved to approve RE #1485 with the three
Conditions of Approval as presented by staff. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EFFECTIVE DATE OF PROPOSED SUBDIVISION AMENDMENTS: Mr.
Cunliffe stated the Weld County Planning and Zoning Task Force
recommended that the notice to surrounding property owners and
the owners of leases of the mineral estate for recorded
exemption applications be deleted from the Weld County
Subdivision Ordinance. He is requesting direction from the
Board to proceed with said amendments. Mr. Cunliffe also noted
the amendment process takes approximately 60-75 days, and he
requested the board establish April 15, 1993 as the effective
date of the proposed amendments. After discussion, Commissioner
Baxter moved to direct staff to proceed with said amendments,
and to set April 15, 1993 as the effective date. Seconded by
Commissioner Kirkmeyer, the motion 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: BOARD OF COUNTY COMMISSIONERS
Lilt
/i'L'G42? WE COUNTY, COLORADO
Weld County Clerk to the Board J/,t-f'w,rirr.r� 6_,,,L,6_,,,,
Constance L. Harbert,a
By: /y � '
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Deputy Clerk to the Bo _ W. H Webster, P -��
Georg . Baxter
Da e K. Hall
/Barbara J. Kirkm yer
Minutes - April 14, 1993
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 14, 1993
TAPE #93-14
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, April 14, 1993, 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 Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce 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
Social Services meeting of April 12, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $26,884.34. Commissioner Kirkmeyer moved to
approve the warrants as presented by Mr. Warden. Commissioner
Hall 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
10:30 A.M.
APPROVED:
ATTEST: Li / ./ . /1/ BOARD OF COUNTY COMMISSIONERS
e/ /A�(w�Z �n WELL COUNTY, COLORADO
Weld County Clerk to the Board `ta i,l. x 7,-e J , 1 j� ri
Constance L. Harbert, Chairman By: 4(.4_,2/ _I,.-7 l--/-Ars
,..,74Deputy Clerk to the BOkrd W. H. Web ter, 7-Tern
iSaorg . Baxte
c ,—
Dale K. Hall
Barbara J. Kirkm er O
DEPARTMENT OF PLANNING SERVICES
1993 SUMMARY OF ACTIVITIES
For period ending March 31, 1993
CURRENT PLANNING
The department received and processed a total number of 62 land-use cases that
required public hearings. This figure is a 47.6 % increase from the total number
of cases processed during the same time period in 1992. The department processed
42 cases during 1992. The department also reviewed a total of 22 staff-issued
applications. This figure is an 144% increase in the total number of
applications reviewed during 1992. The department reviewed 9 during 1992.
The staff reviewed and approved a total of 18 different applications utilizing
the administrative review process for reviewing recorded exemptions, subdivision
exemptions, and zoning permits for mobile and manufactured homes. This figure
represents 29% of the total cases submittedthat required public hearings.
PUBLIC ASSISTANCg
Planning personnel responded to a total number of 2,904 public inquiries. These
included 2,413 telephone calls and 491 interviews. This compares with a total
number of 2,869 inquiries in 1992 and represents a 1.2% increase. These figures
do not include inquiries with the Director, administrative support staff, or
building inspection personnel.
BUILDING PERMITS INSPECTIONS AND COMPLIANCE
The department issued 490 permits. These included 163 building permits, 239 oil
and gas permits, 45 electrical permits, and 43 mobile home permits. These
figures reflect a 37.3% increase when compared to the number of permits issued
during the same time period in 1992. (357 permits issued during 1992.) Total
valuation of permits increased 44.3% when compared to the valuation of permits
issued during the same time period in 1992. ($9,358,528) in 1993 and $6,485,822
in 1992.)
The department conducted 2,282 construction inspections. This figure is a 1.8%
increase in the number of inspections compared to those conducted during the same
time period in 1992. (2,240 in 1992). As of March 31st, there were 3,006 active
permits. This figure includes 739 town permits, 118 mobile home permits, and
2,149 county permits. An active permit is anypermit issued after January 1,
1991.
The department processed 28 building code violations. This figure is a 3.4%
decrease when compared to the number of violations processed during the same time
period in 1992. (29 in 1992). As of March 31st, there were 62 building code
violation cases in progress.
ZONING COMPLIANCE
The department investigated 15 zoning complaints and processed 2 zoning
violations. This is a 62.5% decrease in the number of complaints investigated
and a 93.8% decrease in violation cases when compared to those investigated and
processed during the same time period in 1992. (40 complaints and 32 violation
cases in 1992). As of March 31st, there were 106 zoning violation cases in
progress.
The priorities established for responding to zoning complaints are: called-in
complaints from the public, active violation cases in progress, -and staff
initiated complaints found on routine field inspections.
COLORADO STATE UNIVERSITY
COOPERATIVE EXTENSION
REPORT TO WELD COUNTY COMMISSIONERS
APRIL 14, 1993
Weld County 4-H Food Drive
The Weld County 4-H Youth Executive Council conducted a county-wide food drive
through 4-H that resulted in 2,123 pounds of food being donated to the Weld Food Bank
on February 16. The food drive, christened "Hunger Doesn't End at Christmas" was
initiated by the Youth Council because of concerns about dwindling food donations after
the holidays.
4-H Answers for Tomorrow
First phase of two 4-H After School Club Programs completed. Celebrations
culminated the accomplishment with projects evaluated. Written evaluations by members
indicates positive reactions from the majority of the 70 elementary youth participating.
Master Food Preservers
Master Food Preserver Program used 5 veterans and 3 new recruits. Volunteers
provided 199 hours of service in county reaching 354 contacts in regards to safe food
handling and food preservation.
Colorado Animal Feeding Regulations
In an effort to summarize and disseminate the new Colorado Animal Feeding
Operation Regulations, an environmental working group consisting of Colorado State
University Cooperative Extension, Colorado Cattle Feeders, SCS, and the Colorado
Department of Health was established. This synergistic team has planned and scheduled
fifteen localized meetings throughout the state in order to address the regulations and
provide agricultural producers with waste management plans or manure application
programs for their individual operation. This endeavor is a proactive step to provide
agricultural producers with the information necessary to help protect the waters of the
state and avoid the substantial fines associated with the state animal feeding regulations.
Troy Baker and Jerry Alldredge have presented the information as a team to
livestock and crop producers within Weld County and other surrounding county sessions.
Dairy Management Short Course
The Weld County Cooperative Extension Office conducted two Dairy Management
Short Courses in March. The two short courses averaged 4.36 on a value scale of 1 to
5. Of the participants returning questionnaires, 78 percent indicated that as a result of
the session(s) attended, they gained new knowledge and would adopt at least one new
management practice into their operation. Further results showed that 56% adopted two
or more new management practices.
Pigeon Handout Development
In working with the City of Greeley's Planning Department on solving problems
caused by pigeon populations, it was determined an educational handout was needed to
help property owners understand the full impact of damages caused by pigeons and how
to discourage and exclude the birds from roosts and other facilities. Information from the
"Prevention and Control of Wildlife Damage Handbook" was used to develop the
educational piece. The city's planning department will use the piece in educating
business and property owners in eliminating pigeon problems before the city is forced to
undertake legal actions because of health code violations.
Colorado Farm Show
The 1993 Colorado Farm Show attracted 24,900 people through the turn-style
counters in 3 days, January 26-28. Our Extension Agents and staff are involved in the
five educational programs (Dairy, Beef, Agriculture, Swine and Partners in Ag). Our
secretarial staff provides backup support for these programs and for the Revenue (Booth)
Committee on a year-round basis.
Curt Probert, County Cooperative Extension Director
xc: Mario Meakins, North Central District Director
Extension Advisory Council Members
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