HomeMy WebLinkAbout941546.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 7, 1994
TAPE #94-35
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, September 7, 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 Baxter moved to approve the minutes of the Board of
County Commissioners meeting of August 31, 1994, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on
August 31, 1994, as follows: 1) Special Review Permit for seed
production, processing, and storage in the A (Agricultural) Zone
District, ICI Seeds; 2) Special Review Permit for a dewatered
gravel mine in the A (Agricultural) Zone District, Twin Peaks
Excavating (Schell Pit) ; and 3) Amended Special Review Permit
for a dewatered sand and gravel mine and materials processing
facility in the A (Agricultural) Zone District, C & M Companies
c/o Jim McFarland (Distel Farms) . Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
ADDITIONS: Items added under new business were as follows: Item #6)
Consider form of Memorandum of Intergovernmental Agreement for
Conduct of Coordinated Elections and authorize Chairman to sign
agreements with various entities; Item #7) Consider form of
TABOR Only Version of Memorandum of Agreement for Conduct of
Coordinated Elections and authorize Chairman to sign agreements
with various entities; Item #8) Consider form of Northglenn
Version of Memorandum of Agreement for Conduct of Coordinated
Elections and authorize Chairman to sign agreements with various
entities; Item #9) Consider form of Weld District Court Version
of Memorandum of Agreement for Conduct of Coordinated Elections
and authorize Chairman to sign agreements with various entities;
Item #10) Consider form of Eaton/Evans Version of Memorandum of
Agreement for Conduct of Coordinated Elections and authorize
Chairman to sign agreements with various entities; Item #1] )
Consider form of Greeley/Longmont Version of Memorandum of
Agreement for Conduct of Coordinated Elections and authorize
Chairman to sign agreements with various entities; and Item #12)
Consider Resolution re: Submitting Request to Qualified Electors
for Revenue Increase from 1994 Property Tax Base.
941566
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Harbert seconded the motion, and it
carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - TOM RULON, PLANNING COMMISSION:
Chairman Webster read the certificate recognizing Tom Rulon for
three years of service on the Planning Commission. Mr. Rulon
was not present to accept his award.
RECOGNITION OF SERVICES - JULIETTE KROEKEL, PLANNING COMMISSION:
Chairman Webster read the certificate recognizing Juliette
Kroekel for two years of service on the Planning Commission.
Ms. Kroekel was not present to accept her award.
RECOGNITION OF SERVICES - WILLIAM O'HARE, PLANNING COMMISSION:
Chairman Webster presented William O'Hare with a certificate
recognizing him for three years of service on the Planning
Commission.
PUBLIC INPUT: There was no public input offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 930,575.23
Payroll Fund $ 48, 111 97
Handwritten Warrants:
Payroll Fund $ 488, 020. 90
Electronic Transfer:
Payroll Fund $ 69, 205. 18
Commissioner Kirkmeyer moved to approve the warrants as
presented by Mr. Warden. Commissioner Baxter seconded the
motion, which carried unanimously.
BIDS: No bids were presented today.
BUSINESS:
OLD: CONSIDER TAX ABATEMENT PETITION FROM TEXAS-OHIO POWER, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 08/24/94) : Bruce Barker,
County Attorney, stated he spoke to both Stephanie Tutthill.,
Attorney representing Texas-Ohio Power, Inc. , and Richard
Timberlake, Colorado Division of Property Taxation, and they
reported they are meeting today to try to establish the proper
amount of the abatement being requested. They requested a
continuance to September 28, 1994, which is the next available
time they both are free to attend. Mr. Barker stated Warren
Lasell, Assessor, is in agreement with this continuance.
Commissioner Hall moved to continue this matter to September 28,
1994, at 9:00 a.m. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
NEW: CONSIDER POSSESSION AND USE AGREEMENT WITH JUDITH A. HERGERT,
PATRICIA M. HERGERT, ALLISON L. HERGERT, AND JUDITH A. HERGERT
AS TRUSTEE FOR THE HERGERT PARTNERSHIP Il AND AUTHORIZE CHAIRMAN
TO SIGN: Mr. Barker explained the next two items of business
are related to the Bridge It23/74A project. The County requires
additional right-of-way on both the east and west sides of Weld
County Road 23, and this agreement concerns the property on the
east side. The owner is not available; therefore, the County is
dealing with the trust set up as the Hergert Partnership #1.
Said agreement will allow the County to use the road until the
appropriate property transfers and easements can be done.
Minutes - September 7, 1994
Page 2
Commissioner Baxter moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER POSSESSION AND USE AGREEMENT WITH GLENN D. BECHTHOLDT,
BETTY J. BECHTHOLDT, ROBERT D. BECHTHOLDT, MARK G. BECHTHOLDT,
AND STEVEN L. BECHTHOLDT ON BEHALF OF HERGERT PARTNERSHIP 1/3 AND
AUTHORIZE CHAIRMAN TO SIGN: This agreement is for the property
on the west side of Weld County Road 23, as discussed in the
previous item of business. The agreement is with the
beneficiaries listed in the Hergert Partnership 1/3 and allows
the County's use of said right-of-way until the appropriate
transfers can be achieved. Commissioner Harbert moved to
approve said agreement and authorize the Chairman to sign.
Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER SETTING HEARING DATE AND TIME FOR ROAD PETITION 'I'O
VACATE CERTAIN PORTIONS OF WELD COUNTY ROAD 8 AND REFER 'I'O
PUBLIC WORKS FOR RECOMMENDATION: Mr. Barker stated the County
has received a request to vacate parts of Weld County Road 8 and
is therefore required to set a hearing date and notify adjacent
landowners of said hearing. Commissioner Kirkmeyer moved to set
September 19, 1994 at 9:00 a.m. as the date for this matter to
be heard and to refer said petition to the Public Works
Department for staff recommendation. Seconded by Commissioner
Baxter, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 80 BETWEEN WELD
COUNTY ROADS 93 AND 85; AND 95TH AVENUE BETWEEN BUSINESS 34 AND
HIGHWAY 34 BYPASS: Commissioner Hall moved to approve said
closures. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS
PROPERTY, APPROVE CONTRACT TO AUCTION WITH RITCHIE BROS.
AUCTIONEERS INT'L. , AND AUTHORIZE CHAIRMAN TO SIGN:
Commissioner Harbert moved to approve said resolution. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER FORM OF MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR
CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO SIGN
AGREEMENTS WITH VARIOUS ENTITIES: Mary Ann Feuerstein, Clerk
and Recorder, explained the need for said agreements stems from
the passage of Amendment One requiring coordinated elections.
Lee Morrison, Assistant County Attorney, stated the next six
items of business are several versions of said agreement which
have been modified to accommodate various entities. He
explained each form needs to be approved; thereby authorizing
the Chairman to sign the agreements with particular entities.
Commissioner Kirkmeyer moved to approve the form of said
agreement and authorize the Chairman to sign agreements with
various entities. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER FORM OF TABOR ONLY VERSION OF MEMORANDUM OF AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO
SIGN AGREEMENTS WITH VARIOUS ENTITIES: Commissioner Harbert
moved to approve the form of said agreement and authorize the
Chairman to sign agreements with various entities. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER FORM OF NORTHGLENN VERSION OF MEMORANDUM OF AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO
SIGN AGREEMENTS WITH VARIOUS ENTITIES: Commissioner Harbert
moved to approve the form of said agreement and authorize the
Chairman to sign agreements with various entities. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
Minutes - September 7, 1994
Page 3
CONSIDER FORM OF WELD DISTRICT COURT VERSION OF MEMORANDUM OF
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE
CHAIRMAN TO SIGN AGREEMENTS WITH VARIOUS ENTITIES: Commissioner
Baxter moved to approve the form of said agreement and authorize
the Chairman to sign agreements with various entities. Seconded
by Commissioner Hall, the motion carried unanimously.
CONSIDER FORM OF EATON/EVANS VERSION OF MEMORANDUM OF AGREEMENT
FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO
SIGN AGREEMENTS WITH VARIOUS ENTITIES: Commissioner Hall moved
to approve the form of said agreement and authorize the Chairman
to sign agreements with various entities. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER FORM OF LONGMONT VERSION OF MEMORANDUM OF AGREEMENT FOR
CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIRMAN TO SIGN
AGREEMENTS WITH VARIOUS ENTITIES: Commissioner Harbert moved to
approve the form of said agreement and authorize the Chairman to
sign agreements with various entities. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER RESOLUTION RE: SUBMITTING REQUEST TO QUALIFIED
ELECTORS FOR REVENUE INCREASE FROM 1994 PROPERTY TAX BASE: Mr.
Warden explained this draft resolution is in response to the
Board's request yesterday following the District Attorney's 1995
Early Warning Budget Session. He explained this ballot issue,
if passed, will allow the County to retain the mill levy at
22.457, increasing property tax revenue by $708,235. He
explained the County, in 1995, is adding a $3 million jail
facility and approximately $90,000 has been requested for
additional District Attorney staff to prosecute juvenile and
adult offenders. He reiterated this would not increase the
amount paid by any property taxpayer, if not approved, each
property owner would realize approximately $3.90 less in their
tax bill for a $75, 000 home. He pointed out that the County
Council could have approved the retention of the previous year's
mill levy prior to the passage of TABOR. Mr. Barker stated the
draft resolution includes all those points covered by Mr.
Warden. Commissioner Harbert verified this action would
maintain the status quo; Mr. Barker clarified it would allow the
County to retain the 1994 mill levy. Commissioner Baxter moved
to approve said draft resolution as printed. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING: CONSIDER RE #1636 - SCHOOL DISTRICT RE-8 AND FULTON IRRIGATION
DITCH COMPANY (CONT. FROM 08/24/94) : Gloria Dunn, Department of
Planning Services, reported she received a request from Burl
VanBuskirk, representing Fulton Irrigation Ditch Company, asking
for a continuance of this matter to September 14, 1994.
Commissioner Kirkmeyer moved to continue to September 14, 1994,
at 9:00 a.m. Seconded by Commissioner Harbert, the motion
carried unanimously.
CONSIDER RE #1646 - SCHNEIDER: Ms. Dunn stated staff would
prefer this be considered in conjunction with SE #510, which is
the next item of business and presented the unfavorable
recommendation of staff to be entered into the record. She
explained the applicant is requesting to remove two sets of
existing improvements from his 133.5-acre parcel. The proposal
is to divide off 1.5 acres, including Roy Schneider's residence,
through the subdivision exemption process. A division is then
requested, using the recorded exemption process, to separate the
improvements including an old labor house located on proposed
Lot A. Proposed Lot B would then consist of 131 acres of
farmground. Ms. Dunn reviewed staff's concerns and answered
questions from the Board concerning accesses and buildable lots.
In response to Commissioner Kirkmeyer, Ms. Dunn explained two
Minutes - September 7, 1994
Page 4
acres were removed from the original parcel in the 1940's; in
1977 the two-acre parcel was split into two one-acre parcels.
Pat McNear, Scott Realty Company, represented the applicant and
explained Roy Schneider is retired; both parcels of land being
split off are non-productive; and the purpose of the subdivision
exemption is to allow Mr. Schneider to split his residence from
the main parcel being farmed. His son, Jack, will continue to
farm the 131 acre parcel. Mr. McNear said this is prime soil;
however, because of the size and shape of the small, irregular
parcels, it would be more efficient to divide as proposed and
sell proposed Lot A rather than attempting to farm it. In
response to Commissioner Kirkmeyer, Mr. McNear reiterated no one
presently lives in the labor house on proposed Lot A, and he
feels it would take several thousand dollars to upgrade it to a
habitable condition since it has been vacant the past four or
five years. After answering further questions from the Board
concerning accesses, Jack Schneider, applicant's son, explained
they would actually be eliminating one access on Lot A; six
accesses would remain on the north in that half mile section,
only two of which are his. Commissioner Harbert questioned
whether the applicant is willing to have a note on the plat
stating no building sites would be allowed on Lot B. In response
to Commissioner Hall, Mr. Barker and Ms. Dunn stated the
subdivision exemption does not create a buildable lot; however,
by virtue of the recorded exemption showing two lots on the
plat, each one would be buildable unless otherwise limited. Ms.
Dunn read the appropriate portions of the Subdivision Ordinance
explaining the subdivision exemption should be acted upon first,
followed by the recorded exemption. Mr. Barker pointed out that
a note on the plat could restrict building on Lot B as long as
it is zoned agricultural and the applicant is agreeable to this
approach. No public testimony was offered concerning this
matter. After further discussion and in response to
Commissioner Kirkmeyer's direct inquiry, Jack Schneider agreed
to the Condition restricting Lot B from building as long as it
remains in the Agricultural Zone. He verified that in order to
get that Condition removed the matter would have to be brought
back to the Board of County Commissioners for action, such as a
Change of Zone. Commissioner Kirkmeyer moved to continue RE
#1646 to later in the meeting, in order to first consider SE
#510. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER SE #510 - SCHNEIDER: Ms. Dunn reiterated this matter
is in conjunction with the preceding matter under discussion and
presented two proposed Conditions of Approval for said
subdivision exemption. There was no public testimony given
regarding this matter. Commissioner Harbert moved to approve
SE #510 for Roy Schneider, with two Conditions of Approval as
written by staff. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER RE #1646 - SCHNEIDER: (Continued from earlier in the
meeting. ) Ms. Dunn presented five proposed Conditions of
Approval for consideration. Commissioner Harbert requested the
proper language from Mr. Barker concerning restricting Lot B
from becoming a buildable lot. Mr. Barker read the suggested
language. Commissioner Kirkmeyer requested a change in
Condition #4 restricting access to one per lot; also requiring
an easement through Lot A to Lot B. After discussion as to the
desire of the Board, Mr. Barker suggested the Board act on the
recorded exemption with the exact language to be written by him
and approved by the applicants after this meeting. He clarified
that both Lot B and Lot A have one access each; however, Lot A
should grant an easement to Lot B for use. Commissioner Harbert
moved to approve RE #1646 subject to the Conditions as written
by staff with the addition of Condition #6 and the change to
Condition #4, the exact wording of which will be written by Mr.
Minutes - September 7, 1994
Page 5
Barker and approved by the applicant prior to the Resolution
being completed. Seconded by Commissioner Baxter, 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: 10 a.m.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County C er to d �1� � /I 2
Webster, C airman
By: S�
Deputy Cl o the B Daley Hall
AC
t2 T C
ge Baxter
Con tance L. Harbert
Barbara J. Kirkm yer
Minutes - September 7, 1994
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
SEPTEMBER 7, 1994
TAPE #94-35
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, September 7, 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 Hall moved to approve the minutes of the Board of
Social Services meeting of August 31, 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 $243, 477.51.
Commissioner Baxter moved to approve the warrants as presented
by Ms. Harding. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
NEW BUSINESS: CONSIDER EMPLOYMENT FIRST PROGRAM INTRA-GOVERNMENTAL AGREEMENT
WITH DIVISION OF HUMAN SERVICES AND AUTHORIZE CHAIRMAN TO SIGN:
Walt Speckman, Director of Human Services, explained this is the
on-going agreement between his agency and Social Services
concerning the food stamp and job search programs. The term of
said agreement is July 1, 1994, through June 30, 1995.
Commissioner Harbert moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion 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
10:15 a.m.
APPROVED:
ATTEST: kia/teliBOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board Pi it ill )„,
�f /�J��� W. H. Webster, airman
By: 4
Deputy C erk to the Boa Da e
I
Georg E. Baxter
/
on tance L. Harbert
Barbara S. Kirk yerer 47
Minutes - September 7, 1994
Page 2
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