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Home My WebLink About941542.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 29, 1994 TAPE 1194-33 & //94-34 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 29, 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 Hall moved to approve the minutes of the Board of County Commissioners meeting of August 24, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on August 24, 1994, as follows: 1) Show Cause Hearing, Ed Loloff/Loloff Construction, Inc. ; and 2) Change of Zone from A (Agricultural) to PUD (Planned Unit Development) , Jack Olberding, Bill Bedell, John C. Widerquist, and Terry A. Henze. Commissioner Harbert seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports given today. PUBLIC INPUT: There was no public input offered. 941542 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 474, 142.98 Payroll Fund $ 30, 049. 41 Handwritten Warrants: General Fund $ 11, 785.04 Payroll Fund $1, 417, 600.21 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER SPECIAL EVENTS PERMIT FOR COLLEEN FLACK/AMERICAN CANCER SOCIETY AND AUTHORIZE CHAIRMAN TO SIGN: Dr. Dwaine Kurtz, Chairman of the Board of Directors of the American Cancer Society, explained this event, to be held September 17, 1994, is the annual Cattle Baron's Ball. He explained appropriate arrangements have been made concerning water, restroom facilities, trash pickup, traffic control, security, and insurance. Dr. Kurtz explained attendees will be bused from the Kersey School to minimize traffic to the ranch. Commissioner Harbert moved to approve said permit and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER TEMPORARY ASSEMBLY PERMIT FOR COLLEEN FLACK/AMERICAN CANCER SOCIETY: Commissioner Hall moved to approve said permit.. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER SPECIAL EVENTS PERMIT FOR UNC ATHLETIC DEPARTMENT/BLUE AND GOLD CLUB AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, explained this permit is for the airshow to be held September 10 and 11, 1994, at the Greeley-Weld County Airport. The permit is requested by the Blue and Gold Club, sponsored by the UNC Athletic Department. (Changed to Tape #94- 34. ) Mr. Barker stated the application appears to be in order and recommended approval. Commissioner Hall moved to approve said permit and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER OIL AND GAS DIVISION ORDER TO SNYDER OIL CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN - SiSE,'-„ S32, T5N, R66W: Mr. Barker stated the percentage of ownership as presented is correct and recommended approval. Commissioner Kirkmeyer moved to approve said division order and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER QUIT CLAIM DEED TO BARE RANCH LIMITED LIABILITY COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained this deed is in conjunction with the Highway 392 Project and that all other properties were quit claimed back to the owners. This Quit Claim Deed will clean up the title to that portion belonging to Bare Ranch, LLC. Commissioner Baxter moved to approve said deed and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes - August 29, 1994 Page 2 CONSIDER AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE WITH ANDREW SHARPE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained said agreement is for the sale of the grader shed in Dacono to Andrew Sharpe. Mr. Barker explained he spoke to Jack Sharpe, attorney representing Andrew Sharpe, who agreed to all terms of said agreement. Purchase price is $12, 000 and the purchaser is required to apply for a Recorded Exemption, fees for which will be paid by the County. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER SETTING TIME AND PLACE FOR HEARING ON PROTEST FROM GARTH GIBSON FOR WEED ERADICATION SERVICES: Mr. Barker explained that State statute allows an individual who has been billed for eradication of weeds on private property to appeal those charges to the Board of County Commissioners. Mr. Gibson has requested a hearing on the bill he received. Commissioner Hall moved to set Wednesday, September 14, 1994, at 9:00 a.m. as the date to hear this matter. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. EMERGENCY ORDINANCE N0. 177-A, IN MATTER OF SUPPLEMENTAL APPROPRIATION FOR 1994: Mr. Warden explained the supplemental appropriations being presented have all been addressed by the Board previously. He reviewed each of the adjustments included in said ordinance. Mr. Warden then read the text of Ordinance No. 177-A in its entirety. There was no public testimony given. Commissioner Baxter moved to approve Ordinance No. 177-A on an emergency basis. Seconded by Commissioner Hall, the motion carried unanimously. PLANNING: CONSIDER RE #1637 - DAVIS: Todd Hodges, Department of Planning Services, presented the recommendation for conditional approval from Department of Planning Services staff and reviewed the concerns of staff. Larry Intermill, representing the applicant , stated this request is consistent with the Comprehensive Plan goals, mainly because the parcel in question is not prime agricultural land. He explained proposed Lot A is on a high knob of ground and only a portion of proposed Lot B is presently being farmed. He stated there are two existing accesses, one for each proposed parcel, and explained the Davis' brought the land in 1978 for retirement purposes. Because of ill health i.n 1988, Mr. Davis was forced to lease the farm to an individual who would now like to buy a ten-acre parcel. Dorothy Davis, co- applicant, explained there is no production on the property, except for 20 acres in the northwest corner, which is in alfalfa. The remainder of the property is in pasture. She explained there is no intent to build; the applicants are simply accommodating the individual who presently lives on and farms the property. In response to questions from Commissioner Webster, Ms. Davis stated they own three shares of ditch water; however, she explained the difficulties of irrigating different segments of the property. She went on to explain only domestic water is presently reaching proposed Lot A, and that would continue if the Recorded Exemption is granted. Commissioner Hall explained his concerns regarding a small lot of 40 acres, which is hard to work in an agricultural setting, being divided into even smaller lots; thereby creating another buildable parcel. Ms. Davis clarified for Commissioner Harbert that the individual buying the ten-acre parcel cannot afford the entire 40 acres. Mr. Intermill pointed out proposed Lot A and most of proposed Lot B is now in pasture; Lot A is dry land now, and the farming operation would not change at all from what is presently Minutes - August 29, 1994 Page 3 being accomplished. Commissioner Hall reiterated a residential parcel is still created and questioned whether a condition can be entered on the plat to restrict building on proposed Lot B. Mr. Barker responded that condition would be aceptable only if the applicant agrees to give up the right to build on proposed Lot B. Commissioner Kirkmeyer questioned whether the applicant would be willing to do so. Ms. Davis stated she would need to discuss that with her husband; however, she pointed out the difficulties of ever trying to sell the 30 acres if no building were to be allowed. There was no public testimony given. Commissioners Harbert and Webster stated their understanding is that the 30-acre parcel allows only minimal production and a building restriction would render the parcel unsalable. Mr. Barker asked the Board to consider the proposed conditions. Commissioner Kirkmeyer requested the conditions reflect Lot B must share an access to Weld County Road 44, instead of having a separate one. Mr. Barker stated Lot A could grant an easement to Lot B and read language to that effect; however, he suggested the dedication be made on the plat instead of a separate document. After further discussion concerning access, Mr. Barker changed the wording to reflect the access onto Weld County Road 43 not be for residential use. Commissioner Harbert moved to approve RE #1637 with five Conditions of Approval and the changes, as indicated by Mr. Barker, to Condition #4. Seconded by Commissioner Baxter, the motion carried three to two, with Commissioners Hall and Kirkmeyer dissenting. CONSIDER AMENDMENT TO ARTICLE V.E. OF PLANNING COMMISSION BYLAWS: Chuck Cunliffe, Director of Planning Services, explained the Planning Commission considered this matter at its June 21, 1994, meeting. The amendment coincides with the changes being proposed to the Weld County Zoning Ordinance and clarifies what occurs when the Planning Commission has a tie vote, since no direction is given at present. This change requires a majority of those present to pass any matter; if a tie vote occurs, it is neither a favorable or an unfavorable recommendation to the Board of County Commissioners. Any matter not normally heard by the Board of County Commissioners would be deemed denied in case of a tie vote; however, the applicant may still appeal to the Board if he so desires. Commissioner Hall moved to approve said amendment. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER VACATION OF PART OF LOT 2 IN SW**SWt S30, T5N, R65W AND DEDICATION OF PUBLIC ROAD RIGHTS-OF-WAY ALONG 23RD AVENUE (WCR 37) AND 49TH STREET (WCR 52) - FLOREZ SUBDIVISION: Mr. Cunliffe stated this matter has been reviewed by the Board in two separate worksessions. Paul Pryor, Housing Authority, stated he spoke to each property owner involved and all agree with this change. Commissioner Hall moved to approve said vacation and dedication. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance No. 177-A was approved. Ordinance No. 89-BB was approved on first reading at a hearing held later this morning. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes - August 29, 1994 Page 4 There being no further business, this meeting was adjourned at 10:05 a.m. APPROVED: / /L in k n BOARD OF COUNTY COMMISSIONERS /b1/121/. WELD COUNTY, COLORADO Weld County Clerk to the Board ,J�i�; W . Webster, C irman By: ' Deputy Cler to the Board Dale Hall eorge . Baxter x.eP 0t4�-co/` onstancce L. Harbert (49/fQ_j �L2 //„A J arbara J. Kirkme er Minutes - August 29, 1994 Page 5 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO AUGUST 29, 1994 TAPE 1194-34 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 29, 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 MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of August 24, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval by the Board in the amount of $329, 609.53. Commissioner Hall moved to approve the warrants as presented by Ms. Harding. 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: 10 a.m. ,V///�� APPROVED: ATTEST:Lil /a BOARD OF COUNTY COMMISSIONERS .j` WELD COUNTY, COLORADO /� / Weld County Clerk to the Board ;4' ,/ g // ( /x4 17 W. H. Webster, Ch 'rma By: �(//�7jyc�/�J(�� Deputy Clerk 'to the n Dai_4,04i, le K. Hall, P26- em Geo E. Baxter Con t//anccenj� L. Harbert arbara J. Kirkmey 9 Hello