HomeMy WebLinkAbout941522.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 25, 1994
TAPE #94-29 AND #94-30
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, July 25, 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 - EXCUSED
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of July 20, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on July
20, 1994, as follows: 1) Special Review Permit for an oil and
gas support and service facility with equipment repair, outside
storage, office facility and warehousing in the A (Agricultural)
Zone District, Snyder Oil Corporation, c/o Rodney Waller.
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 Kirkmeyer seconded the motion, and it
carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Commissioner Kirkmeyer questioned whether the Weld County
Household Hazardous Waste Advisory Board was receiving an award.
John Pickle, Director of the Health Department, explained the
Governor's Office awards several different environmental
achievements in conjunction with the Celebrate Colorado
Campaign. Robin Newbrey, Health Department, submitted the
Household Hazardous Waste Board for such an award. Mr. Pickle
explained that he and four others, including staff and Advisory
Board members, will attend today's luncheon and accept said
award, and a press release will be submitted.
PUBLIC INPUT: There was no public input offered.
941522
WARRANTS: Shelly Miller, Deputy Clerk to the Board, presented the
following warrants for approval by the Board:
General Fund $ 431, 370.21
Handwritten Warrants:
General Fund $ 163, 741.50
Commissioner Kirkmeyer moved to approve the warrants as
presented by Ms. Miller. Commissioner Harbert seconded the
motion, which carried unanimously.
BUSINESS:
OLD: CONSIDER SUPPLEMENTAL CONTRACT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION AND AUTHORIZE CHAIRMAN TO SIGN - WCR 392 (CONT.
FROM JULY 11, 1994) : Denny Graham, Public Works Department,
explained the County billed the state for $789, 748. 75; and, this
contract will allow the County to be reimbursed for the
remainder of the $800,000. Commissioner Hall questioned the
difference between this contract and the contract approved last
Wednesday, July 20, 1994. Bruce Barker, County Attorney,
explained the contract approved last Wednesday was to allow the
County to do the contracts rather than the State, in compliance
with Amendment One for 1994. He stated he was unsure why said
contract was continued from July 11, 1994. Commissioner
Kirkmeyer explained George Cicoff, Public Works Director, needed
time to confirm the amounts. Commissioner Harbert moved to
approve said contract and authorize the Chairman to sign. The
motion, seconded by Commissioner Kirkmeyer, carried unanimously.
(Clerk's note: Identical contracts were approved on July 20,
1994, and July 25, 1994. )
NEW: CONSIDER RENEWAL OF 3.2% BEER RETAIL LICENSE FOR TEXACO OF
COLORADO, INC. , DBA TEXACO #104, AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Barker stated the Records Department reported no liquor
violations at this establishment and confirmed for Commissioner
Harbert that the numerous thefts reported did not involve
liquor. Commissioner Kirkmeyer moved to approve the renewal of
said license and authorize the Chairman to sign. The motion was
seconded by Commissioner Hall, and it carried unanimously.
CONSIDER CHANGE IN CORPORATE STRUCTURE FOR TEXACO OF COLORADO,
INC. , DBA TEXACO #104, AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Barker explained Texaco has changed a corporate officer and an
individual history record for John M. Castelo has been included.
Commissioner Kirkmeyer moved to approve said change and
authorize the Chairman to sign. Commissioner Hall seconded the
motion, which carried unanimously.
CONSIDER RENEWAL OF 3.2% BEER RETAIL LICENSE FOR CONO-SERVICES,
INC. , DBA CONOCO #06355, AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Barker stated this establishment is located on Weld County Road
2 near Brighton, and the Records Department reported no liquor
violations; however, numerous thefts have occurred.
Commissioner Hall moved to approve the renewal of said license
and authorize the Chairman to sign. The motion, seconded by
Commissioner Kirkmeyer, carried unanimously.
CONSIDER GRANTEE AGREEMENT FOR HEALTH DEPARTMENT PEER-VENTION
PROGRAM WITH MARCH OF DIMES AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Pickle stated this agreement will provide $10, 000 in
continuation funds for the Johnstown/Milliken Peer-Vention
Project. He stated this is a good project, and this contract
will allow it to continue through December of 1995.
Commissioner Harbert moved to approve said agreement and
authorize the Chairman to sign. Commissioner Kirkmeyer seconded
the motion, which carried unanimously.
Minutes - July 25, 1994
Page 2
CONSIDER AGREEMENT FOR PURCHASE OF EARTH MATERIAL FOR BARROW
WITH DAN MILLER, DBA THE BEAR RANCH, AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Graham explained this agreement concerns a portion of
old railroad right-of-way which was abandoned between Cornish
and Briggsdale. Said portion will be quit claimed to Bear Ranch
to build a fence and obtain material for the Weld County Road
392 project. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chairman to sign. The motion was
seconded by Commissioner Harbert and carried unanimously.
CONSIDER ACCEPTANCE OF QUIT CLAIM DEED FROM DOROTHY BOLIN - WELD
COUNTY ROAD 392 PROJECT: Mr. Graham explained this deed
concerns land required for Phase II of the Weld County Road 392
project which will cross Dorothy Bolin's field to connect with
a bridge. Mr. Barker interjected this land is on the north end
of the project and Bear Ranch is on the south end. Commissioner
Harbert moved to accept said deed, and Commissioner Kirkmeyer
seconded the motion which carried unanimously.
CONSIDER ACCEPTANCE OF QUIT CLAIM DEED FROM DONNA M. WINTER AND
LOIS J. STURGEON - WELD COUNTY BRIDGE 23/74A PROJECT:
Commissioner Kirkmeyer moved to accept said deed, and
Commissioner Harbert seconded the motion which carried
unanimously.
CONSIDER QUIT CLAIM DEED WITH DOROTHY BOLIN AND AUTHORIZE
CHAIRMAN TO SIGN - WELD COUNTY ROADS 75 AND 80: Mr. Graham
stated this deed concerns abandonment of old railroad
right-of-way adjacent to Weld County Road 392. This deed will
eliminate the old road when the embankment is removed and
concerns both Phases I and II. After discussion, Commissioner
Harbert, moved to approve said deed and authorize the Chairman to
sign. The motion, seconded by Commissioner Kirkmeyer, carried
unanimously.
CONSIDER REQUEST FOR APPLICATION OF DRILLING SLUDGE TO CERTAIN
WELD COUNTY ROADS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker
explained Snyder Oil Corporation has requested permission to
apply drilling fluids on Weld County roads, which the County
solicits to help maintain the roads. However, in accordance
with Rule 911 of the "Rules and Regulations" of the Colorado Oil
and Gas Conservation Commission, the oil producers must notify
and obtain written approval from the property owner prior to
said application. Mr. Barker stated he prepared a draft
resolution which would provide a blanket-type of authorization
for the Director of Public Works to approve said notices per the
form attached to said resolution. In response to questions from
the Board, Mr. Barker explained the bentonitic fluids provide a
harder surface and the County has been using the method for
quite some time. He clarified this item of business is to
actually delegate authority to the Director of Public Works to
review and approve the notices, which is reflected in the draft
resolution. Mr. Barker further stated the material is water
based and contains no oil; therefore, it should not damage
irrigation water, etc. After further discussion, Commissioner
Kirkmeyer stated she is uncomfortable with approving said
resolution and would like input from the Health Department. Mr.
Barker suggested said matter be continued to Wednesday to allow
the presence of Mr. Cicoff and a Health Department
representative. Commissioner Harbert moved to continue said
matter to July 27, 1994, at 9:00 a.m. , and Commissioner
Kirkmeyer seconded the motion which carried unanimously.
CONSIDER AMENDMENT TO OIL AND GAS LEASE FOR BASIN EXPLORATION,
INC. AND AUTHORIZE CHAIRMAN TO SIGN - S18, T2N, R65W: Mr.
Barker stated this lease concerns 86 acres, and he has had
discussions with Delores Harris of Basin Exploration.
Originally the lease was to produce gas only; however, they
would now like to produce oil by recompleting the J-Sand
formation and including it with the Codell-Niobrara formation.
Minutes - July 25, 1994
Page 3
Mr. Barker stated the royalty in the south half of the section
is under a pooling agreement, and there will be no change in
spacing; therefore, Weld County's interest will not change. He
noted the original lease was completed in 1970; however, there
will not be many changes in the amendment. Commissioner Harbert
moved to approve said amendment and authorize the Chairman to
sign. The motion, seconded by Commissioner Kirkmeyer, carried
unanimously.
CONSIDER CANCELLATION OF LEASEHOLD AND PERSONAL PROPERTY TAXES
FOR 1987 AND 1988: Gary Parker, Treasurer's Office, explained
Falcon-Andrau Energy Company filed bankruptcy in 1986. In 1987,
Century took over operation of the wells and completed 500
wells; however, the completion of the wells depleted the money
set aside for taxes. The property was seized in 1988 and the
collection expenses depleted all the money paid for post-
petition taxes in the amount of $55,203.81. In response to a
question from Chairman Webster, Mr. Parker stated the wells are
located near Farr and Webster feedlots, and there have been no
problems since 1989. After discussion among the Board members,
Chairman Webster stated he does have an interest in the wells;
therefore, he will abstain from this matter. Let the record
reflect Commissioner Hall is now acting as Chairman Pro-tem.
Mr. Parker explained that approximately $60,000 was collected
for post-petition taxes; however, collection expenses depleted
the entire amount collected. He stated the pre-petitions are
another matter and reiterated there have been no problems since
1989. Mr. Barker confirmed the amount to be canceled is
$50, 574.40. Mr. Parker reiterated that the expenses exceeded
the money collected and none was applied to taxes; therefore,
this request is to clean up the books. Commissioner Harbert
moved to approve the cancellation, and Commissioner Kirkmeyer
seconded the motion. Mr. Barker stated he is uncertain how the
money should have been applied and that possibly the expenses
should have been paid differently. Chairman Pro-tem Hall
clarified the taxes were paid; and Weld County then paid the
expenses for collection. Mr. Parker reiterated the collection
fees were paid out of the money collected for taxes. Mr. Barker
requested the matter be continued, and Commissioner Harbert
withdrew her motion. Commissioner Kirkmeyer stated the taxes
have been paid; therefore, they should not be canceled. Mr.
Barker stated Tom David, previous County Attorney, has been
working on this case for at least the last five years;
therefore, he would confer with Mr. David as to a better
solution. Commissioner Harbert moved to continue this matter to
August 3, 1994, at 9:00 a.m. The motion was seconded by
Commissioner Kirkmeyer and carried unanimously, with Chairman
Webster abstaining.
Let the record reflect Commissioner Webster is now acting as
Chairman.
CONSIDER CANCELLATION OF PERSONAL PROPERTY TAXES ON VARIOUS
ACCOUNTS: Mr. Parker explained the procedure is, if the
Treasurer's Office cannot collect taxes, to turn the accounts
over to Central Services for collection. After Central Services
has exhausted all of its resources, the taxes are deemed
uncollectible and must be canceled. Commissioner Kirkmeyer
moved to approve said cancellation, and Commissioner Hall
seconded the motion which carried unanimously.
CONSIDER APPROVAL OF AIRPORT LAYOUT PLAN AND AUTHORIZE CHAIRMAN
TO SIGN: Commissioner Hall explained the Airport Authority
Board met last Thursday and approved said plan in order for the
FAA to proceed with the master plan and earmark funds. The
Board and the City must also approve said plan, which then must
be returned to the FAA before starting with the next step, which
is an environmental issue. Commissioner Hall then moved to
approve said plan and authorize the Chairman to sign. The
motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
PLANNING:
Minutes - July 25, 1994
Page 4
CONSIDER RE #1624 - NELSON: Todd Hodges, Planning Department,
entered staff's letter of recommendation, including concerns,
into the record. Mr. Barker explained to the applicant that
only four Commissioners are present, and, in the event of a tie,
the fifth Commissioner would listen to the tape and cast the
deciding vote. Pat McNear, Scott Realty, represented the
applicant and requested the Board to proceed. He noted the
applicant, Margaret Nelson, and her daughter, Sheila Engel, are
present. He explained the Nelsons have owned the land since
1973; however, in 1979 an illegal land split on the 100 acres
occurred. Ms. Nelson was a party to RE 1!206, which was split by
the previous owner; however, Ms. Nelson was unaware there was a
problem. Mr. McNear explained the reason for the application is
to allow the Engels to improve their registered sheep operation
and for estate planning for Ms. Nelson's other children.
Responding to questions from the Board, Mr. McNear stated the
farmland operation will continue on 10 acres as pasture, with
Lot B presently being farmed by another family member. Mr.
McNear stated there are no improvements planned on Lot B at this
time; however, it may be sold. He stated it is not prime farm
ground and indicated there is an existing access to Lot B, an
existing access into the improvements on Lot A, and a south
entrance for farming. Mr. McNear stated the sheep are presently
on irrigated pasture with four to six open sheds. He also
confirmed there are carrying water rights to Lot A. In response
to further questions from the Board, Mr. Hodges stated the lots
north of the subject property were created prior to 1972 by
recorded exemptions, with houses built on all lots prior to
1975. (Changed to Tape #94-30 during Mr. Hodge's explanation. )
Mr. McNear stated the north end of the subject property is one-
half mile from the Eaton Country Club. He indicated the
majority of the western leg of Lot B is shale and is currently
planted in alfalfa and corn; however, there are many bad spots.
Mr. Hodges presented to the Board a map, Exhibit A for the
record, used to determine prime farm land by the Soil
Conservation Service. Mr. McNear reiterated it is an alfalfa
farm at best. In response to further questions from the Board,
Mr. McNear stated the most desirable approach, if Lot B were
sold, would be to build above Lot A. Commissioner Harbert
stated her biggest concern is that the 82 acres would be sold
and result in a subdivision, but Lot A would not be included in
the subdivision. Mr. McNear said if a subdivision occurred it
would most likely be annexed into Eaton and sewer is already
proposed in the area. He confirmed for Chairman Webster that
the old Eaton Country Club was unannexed. Commissioner Hall
stated concern that if buildings were allowed anywhere on Lot B,
it would decrease cropland on prime agricultural land;
therefore, he suggested a building envelope be placed on the
plat. Mr. McNear consulted with his clients, and Mr. Hodges
presented Conditions of Approval to the Board and the applicant
for review. Mr. McNear estimated the area above Lot A to be
four or five acres and confirmed a building envelope was
agreeable. He voiced concern regarding Condition of Approval #4
which limits the applicant to only one legal access per lot,
indicating the third access on the southerly portion is very
important for farming purposes. Discussion ensued concerning
the two common accesses to Lot A and Lot B, and the one access
to the existing improvements on Lot A. Mr. Barker read
Condition of Approval #6 concerning the building evelope on Lot
B and, after further discussion, read amended Condition of
Approval #4 into the record. Mr. McNear confirmed the applicant
will not add any other accesses and all buildings will be within
the building envelope on Lot B. No public input was offered.
Commissioner Harbert moved to approve RE #1624 for Margaret
Nelson, with all Conditions of Approval as recommended, added,
and amended by staff. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
Minutes - July 25, 1994
Page 5
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
10:20 a.m.
qq//// APPROVED:
ATTEST: Leg? BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
Weld County Clerk to the Board sd
W. Webster, C air n
By: Deputy o the Board Da e K. Ha
))) EXCUSED
Gey _orge E. Baxter
/ ! osel� X4?'lG9/ist�'l
Constance L. Harbert
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
Minutes - July 25, 1994
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JULY 25, 1994
TAPE 1194-30
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, July 25, 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 - EXCUSED
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of July 20, 1994, as printed.
Commissioner Harbert seconded the motion, and it carried
unanimously.
WARRANTS: Shelly Miller, Deputy Clerk to the Board, presented the warrants
for approval by the Board in the amount of $24, 550.62, and the
corrected amount of $275,564.24 for warrants approved on
July 20, 1994. Commissioner Hall 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
10:25 a.m.
Lidikeutet APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board /
. Webster, ha' man
By:
eputyC rk to t Board pale K. Hall, ro Tem
EXCUSED
Geor e E. Baxter
/ a-1-2;€-,A
onstance L. Harbert
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
RECORD OF PROCEEDINGS
MINUTES
HOUSING AUTHORITY
WELD COUNTY, COLORADO
JULY 25, 1994
TAPE 1194-30
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Housing Authority Board 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, July 25, 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 - EXCUSED
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Shelly Miller
MINUTES: Commissioner Hall moved to approve the minutes of the Housing
Authority Board meeting of June 27, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
NEW BUSINESS: CONSIDER HOME APPLICANT STATEMENT OF ASSURANCES AND
CERTIFICATIONS AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan,
Housing Authority, explained said statement must be signed and
returned to the State for the HOME Program to meet requirements
coordinated in the earlier statement approved in March.
Commissioner Harbert moved to approve said statement and
authorize the Chairman to sign. The motion was seconded by
Commissioner Hall and carried unanimously.
CONSIDER FARMERS HOME ADMINISTRATION 1994 HOUSING PRESERVATION
GRANT FINAL APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Sheehan explained this application is for $90, 000 in
rehabilitation funds. He noted FHA approved the preapplication,
and this is the final application. Commissioner Hall moved to
approve said application and authorize the Chairman to sign.
The motion was seconded by Commissioner Harbert, and it carried
unanimously.
CONSIDER HOME QUARTERLY NARRATIVE PERFORMANCE REPORT ON HOME
PROJECTS ENDING JUNE 30, 1994 AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Sheehan stated this report indicates the progress of the
HOME Housing Rehabilitation Program. To date, two projects have
been completed, and eight projects are under contract.
Commissioner Harbert moved to approve said report and authorize
the Chairman to sign. 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
10:30 a.m.
/� APPROVED:
ATTEST: 1:141/, 'mil/ //� BOARD OF COUNTY COMMISSIONERS
,r �U !�I' WELD COUNTY, COLORADO
// r n
Weld County Clerk to the Board l / ke'
. Webst r, Ch rm n
By: Alf ( L : lk A
Deputy Clerk to the Board Dale K. all, Pro-Tem
EXCUSED
George E. Baxter ,, ��//
Constance L. Har ert
,ers/
arbara J. Kirkmeye
Minutes - July 25, 1994
Page 2
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