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Home My WebLink About931583.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 20, 1993 TAPE #93-35 & #93-36 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, October 20, 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: Weld 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 October 18, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 140,537.89 Payroll Fund $ 1,464.06 Handwritten warrants: General Fund $ 516.97 Payroll Fund $ 960.52 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. 931 583 BIDS: APPROVE FLEET MAINTENANCE SERVICES - IGA: Pat Persichino, Director of General Services, recommended approval of the low bid from Tecom. Claud Hanes, Comptroller, stated he received glowing references regarding Tecom, and the total amount is less than what is presnetly being spent. Mr. Hanes said the City of Greeley plans to accept the bid from Tecom, however, it has not yet received formal Council approval. Commissioner Hall moved to accept the low bid from Tecom. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROM LUCIEN AND VIOLA M. GENDRON, JR. AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, pointed out that the Assessor recommended approval of said petition. Commissioner Hall moved to approve the petition from Lucien and Viola M. Gendron, Jr. and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER RENEWAL OF CLUB LIQUOR LICENSE FOR EATON COUNTRY CLUB AND AUTHORIZE CHAIRMAN TO SIGN: Chairman Harbert read a memo from the Clerk to the Board that a verbal response was received reporting no violations or problems have occurred at the Eaton Country Club over the past year. Commissioner Webster moved to approve said renewal and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO WELD COUNTY FAIR BOARD: Commissioner Hall moved to appoint Kara Frank, Mike Pallotto, Pat Kindvall, and Anita Wisecamp, and to reappoint Janice Roskop, Howard Erwin, and Mary Ellen LeBlanc to the Weld County Fair Board, all with terms to expire October 31, 1996. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AMENDMENT TO AGREEMENT FOR INTAKE SCREENING OF WELD COUNTY JUVENILES IN CUSTODY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated this amendment is necessary to eliminate electronic home monitoring from said agreement. The amendment changes the amount of the contract to $4, 117.75 per month, and the term will be November 1, 1993, through June 30, 1994. Jess Quinby, Weld Adolescent Resources, Inc. , explained the change is necessary since the Juvenile Services Committee chose not to continue the monitoring portion of Weld County's contract. Therefore, the State will pay that portion directly to Mr. Quinby instead of the funds being passed through Weld County. Commissioner Baxter moved to approve said amendment and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. PLANNING: CONSIDER RE #1542 - JOHNSTON: Gloria Dunn, Department of Planning Services, entered the unfavorable recommendation of staff into the record. (Changed to Tape #93-36. ) Curt Johnston, applicant, explained the reason for his application is to remain in a rural setting on the smaller parcel although he cannot continue farming the larger parcel. He intends to build a house on Lot A, the 5-acre parcel to be used as his residence, and sell Lot B, which is the 60-acre parcel. In response to a question from Commissioner Baxter, Mr. Johnston stated his access is currently from Weld County Road 53. When questioned by Commissioner Kirkmeyer about the reasons for his prior recorded exemption, Mr. Johnston explained it was done for the purpose of building a residence. The house he resided in at that time had become too small for his family, and the smaller parcel containing that house was sold. In response to questions from Commissioners Hall and Baxter, Mr. Johnston explained Minutes - October 20, 1993 Page 2 proposed Lot A is currently nonproductive, full of weeds, and used to store hay, although he has recently reseeded it to pasture. He said all of Lot B is in grass because of an extreme water shortage. The entire 65-acre parcel has a shortage of water for irrigation purposes. Mr. Johnston reiterated to Chairman Harbert that no additional road accesses will be requested. There was no public testimony given in regard to this matter. In reply to Commissioner Webster, Ms. Dunn presented four proposed Conditions of Approval. Commissioner Baxter moved to approve Recorded Exemption #1542, with four Conditions of Approval as presented by staff. The motion was seconded by Commissioner Webster. In response to Commissioner Kirkmeyer, Ms. Dunn clarified that in 1986 there was one home, and if this recorded exemption is granted, there will be three. On roll call vote, the motion carried four to one, with Commissioner Kirkmeyer voting against the motion. CONSIDER RE #1543 - FURROW: This matter will be considered after the next item of business. CONSIDER RE #1544 - MAGNUSON (CONT. FROM 10/13/93) : Monica Daniels-Mika, Department of Planning Services, entered the unfavorable recommendation of staff into the record. She reviewed the three guidelines for division of an agricultural lot which are listed in the Comprehensive Plan and stated the property is adjacent to the Ken Wil Acres Subdivision, but not a part of it. Ms. Daniels-Mika referenced a letter dated October 18, 1993, from the City of Greeley stating there is no objection to the lot split upon the condition the owner(s) of the two lots agree to participate in the financing or construction of area-wide public improvements. Ron Cole, representing the applicant, presented a sketch of the Ken Wil Acres Subdivision which shows the location of his property in relation to said subdivision. He also presented a sketch plan of the entire area, marked as Exhibit B. Mr. Cole explained the reasons behind the applicant's desire to sell proposed Lot A. In response to a question from Commissioner Webster, Ms. Daniels-Mika read Condition of Approval #5, covering the City of Greeley's concern, into the record. Bill Strait, the applicant's son-in-law, spoke in favor of said division, stating the property in question is surrounded by subdivisions and the division appears to be the only way to manage the property. He stated the financial gain is not going to be large enough to be the impetus behind the request. Commissioner Webster moved to approve Recorded Exemption #1544 with five Conditions of Approval, as discussed. The motion was seconded by Commissioner Baxter. On a roll call vote, the motion passed three to two, with Commissioners Hall and Kirkmeyer voting against said motion. (Let the record reflect that Lee Morrison, Assistant County Attorney, is now acting as attorney of record. ) CONSIDER RE #1543 - FURROW: Ms. Daniels-Mika entered the unfavorable recommendation of staff into the record. She pointed out there have been four recorded exemptions since 1978, which have created six buildable lots in a piecemeal fashion. John Berry, Attorney representing the applicant, asked the Board to consider this application on its own merits, not on the history of past actions. He presented a sketch plan of the property and said the 14-acre parcel should be sold, primarily due to the oil and gas right-of-way which is located between proposed Lots A and B and makes it impractical to use for farming or other agricultural uses. Mr. Berry stated one access would be added onto Weld County Road 49 for proposed Lot A, which is also the parcel the applicant intends to sell. In answer to a question from Chairman Harbert, Stanley Furrow, applicant, said the property cannot be divided as a subdivision Minutes - October 20, 1993 Page 3 since there is no sewer available. Ms. Daniels-Mika responded that staff has recommended a subdivision process with each of the last three recorded exemptions on this property. She also pointed out that the Colorado Department of Transportation will not allow additional accesses onto Highway 392. There was no public testimony given. After discussion concerning the oil and gas right-of-way referred to by Mr. Furrow, it was decided it must be an easement since Mr. Furrow gave the oil company access and it is not a perpetual right-of-way. After further discussion, Commissioner Webster moved to approve Recorded Exemption #1543. Hearing no second, the Chairman declared the motion dead. Commissioner Hall moved to deny Recorded Exemption #1543. Commissioner Kirkmeyer seconded the motion, which carried on a roll call vote, four to one with Commissioner Webster voting against the motion. 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: 1/1 BOARD OF COUNTY COMMISSIONERS aZl ! WELD COUNTY, COLORADO Weld County Clerk to the Board L n y Constance L. /H,rbert, Chairman ��BY: gWdrd W. ebster, ro T/eJm Georg/E. Baxte. C / Dale K. a SILO/Eta.- Barbara J. Kirkme er Minutes - October 20, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO OCTOBER 20, 1993 TAPE #93-36 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, October 20, 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, Lee Morrison Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of October 18, 1993, 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 $413, 175.09. Commissioner Baxter moved to approve the warrants as presented by Ms. Harding. Commissioner Webster 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 10:45 A.M. APPROVED: ATTEST: 1 / ,I BOARD OF COUNTY COMMISSIONERS /, WE COUNTY, COLORADO Weld County Clerk to the Board J i�f��6ii" / 2L�'( Const once L. Harbert, Chairman By: / Deputy k to the Board W. H. ebster, ro-Tem Zb . ge Baxter Dale K. Hall ` 741-11-G,(4_ 'arbara J. Kirkmey r (/ Hello