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Home My WebLink About921354.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 26, 1992 TAPE -#92-09 & #92-10 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, February 26, 1992, 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 George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem - Absent Commissioner C. W. Kirby Commissioner Gordon E. Lacy - Excused Commissioner W. H. Webster Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Kirby moved to approve the minutes of the Board of County Commissioners meeting of February 24, 1992, as printed. Commissioner Webster seconded the motion, and it carried unanimously. (Let the record reflect that Commissioner Harbert is now present. ) ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: This item will be moved to later in the meeting when Dave Young, County Council President, arrives. WARRANTS: Will be presented later in the meeting. BIDS: Will be presented later in the meeting. NEW BUSINESS: CONSIDER 1992 COMMUNITY SERVICES BLOCK GRANT PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Marilyn Carlino, Department of Human Resources, presented said grant in the amount of $159,186. Said grant will provide for the senior minibus service, the senior coordinator program, WELDCO's senior volunteer transportation, CDSI and other transportation services, as well -as company tracking employment services. Term of the grant is March 1, 1992 through February 28, 1993. Commissioner Kirby moved to approve said grant plan and authorize the Chairman to sign. Seconded by Commissioner Webster, the -motion carried unanimously. 921354 DEPARTMENT HEADS/ ELECTED OFFICIALS: Dave Young, County Council President, reported that the Council has been trying to determine the level of citizen access to County government officials. Mr. Warden informed him :many departments have informational pamphlets and brochures, and Mr. Young requested the assistance of the Commissioners in compiling this information. Mr. Young then reviewed the upcoming schedule of County Council meetings being held in various towns in Weld County. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $ 176,608.37 Handwritten warrants: General fund $ 12,775.17 Payroll $1,292,258.98 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: PRESENT SHOT ROCK - ROAD AND BRIDGE DEPARTMENT: Mr. Warden stated there was only one bid received, from Andesite Rock Company, although six bids had been sent out. Said bid will be submitted for approval on March 11, 1992. PRESENT 1992 STEEL BID - ROAD AND BRIDGE/ENGINEERING: Mr. Warden read the names of the five bidders into the record. Said bid will be submitted for approval on March 11, 1992. BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROMH. I. AND MARY KAY DELINE: Warren Lasell, Assessor, stated the reasons for recommending denial apply to all of the cases being heardthis morning. The petitions were not received in a timely manner, no values or abatement amounts were given, and the petitions seemed to imply that there is a connection with pending 1991 Board of Assessment Appeals cases which may not be in the proper base year. For these reasons, Mr. Lasell recommended denial of all petitions. The agent from Dougherty & Scavo was not present. Commissioner Harbert movedto deny said petition. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM ELECTRONIC FAB TECHNOLOGY CORPORATION: Commissioner Webster moved to deny said petition. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM LUCY, RICHARD M. , AND JULIA LUCIO AND WILLIAM DELLENBACH: Commissioner Kirby moved to deny said petition. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TWO TAX ABATEMENT PETITIONS FROM ARMADILLO CLUB, INC. : Commissioner Harbert moved to deny said petitions. Seconded by Commissioner Webster, the motion carried unanimously. Minutes - February 26, 1992 Page 2 CONSIDER OPPOSITION TO THORNTON STORAGE CLAIM ON KOENIG PIT: Lee Morrison, Assistant County Attorney, explained he is requesting authority to file an opposition in Water Court to the City of Thornton's storage claim on the Koenig Gravel Pit. Apparently Thornton went down the South Platte and filed claims on all gravel pits and possible gravel pit sites. By filing the opposition we are saying Thornton does not have a valid claim. The opposition will be heard in Water Court, which may then be followed with a hearing. Commissioner Kirby moved to authorize legal staff to proceed with the opposition. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER KOENIG PIT CLAIM FOR STORAGE: Mr. Morrison explained that, in addition to the opposition discussed above, the next logical step would be to file our own claim consistent with the agreements we have with the water district. If the claim is filed before the end of this month it is allowed back to 1991, with the same priority date as the City of Thornton is using. Commissioner Kirby moved to authorize legal staff to proceed with filing a claim for storage on the Koenig Pit. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR GRAVEL PIT WATER SUPPLY PLANS WITH CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN - KOENIG PIT: Mr. Morrison explained this agreement is to allow Weld County to provide water to the Central Colorado Water Conservancy District for an annual fee for using our water in their entire system. This eliminates the need for a complete water -augmentation plan. The only difference of note in the Koenig Pit agreement is that the water district is given an option to acquire the land. Mr. Morrison has spoken to George Goddell, Director of the Weld County Road and Bridge Department, who believes the life of the pit to be approximately 26-28 years. Therefore, the water district is given a ten-year period to exercise their option. After the ten years there is a fifteen-year period, plus three five-year renewal periods to allow for removal of gravel. This gives 30- 40 years total before the land acquisition is complete. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR GRAVEL PIT WATER SUPPLY PLANS -WITH CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN - HOKESTRA PIT: Mr. Morrison stated this is basically the same agreement as above, except there is no option to acquire the land for storage purposes. It would work as a substitute water supply plan and would not require complete adjudication. Commissioner Kirbymoved to approve said agreement and -authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR GRAVEL PIT WATER SUPPLY PLANS WITH CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN - GEISERT PIT: Mr. Morrison stated this agreement is the same as for the Hokestra Pit. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. Commissioner Kirby commended Mr. Morrison for his hard work and dedication in listening to the Commissioner's concerns, and incorporating those concerns into the solutions presented with these agreements. Minutes - February 26, 1992 Page 3 CONSIDER DANCE HALL LICENSE FOR JOHN SIPRES, DBA SIPRES LOUNGE: Commissioner Kirby moved to approve said license. Seconded by Commissioner Webster, the motioncarried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 19 BETWEEN WELD COUNTY ROADS 6 AND 8: Commissioner Webstermoved to approve said closure. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT WITH PARENT/CHILD LEARNING CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, Health Department representative, presented said agreement for approval. The Health Department will provide a registered nurse to Parent/Child Learning Center on a consultation basis. For these services the Health Department will be reimbursed $25 per hour. The term of the agreement is from January 1, 1992 through December 31, 1992. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT WITH CHILDREN'S WORLD LEARNING CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker said the Health Department will provide a registered nurse to Children's World Learning Center on a consultation basis, for a $25 per hour fee. The term of the agreement is January 1, 1992 through December 31, 1992. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER SEVEN SAMPLING AND ANALYSIS OF DRINKING WATER AGREEMENTS WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Tacker presented agreements for drinking water analysis for the City of Ft. Lupton, Fox Hill Home Owners Association, Town of Grover, Millard Refrigeration Services, Town of Nunn, Prairie School District 11-J and Interstate Livestock Market, Inc. She also stated the agreement for pollutant discharge is with the Town of Nunn. Commissioner Kirby moved to approve all drinking water and pollutant discharge agreements and -authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE AGREEMENT - TOWN OF NUNN: Approved with the preceding item. CONSIDER MASTER GROUP CONTRACT AMENDMENTS FOR MEDICAL INSURANCE: Mr. Warden explained the amendments being presented are necessary in order to comply with State law and State insurance regulations. Commissioner Webster moved to approve said amendments. Seconded by Commissioner Harbert, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE ZONING ORDINANCE - MAAG AND SCHWINDP, HOWARD, AND PACKER: Commissioner Harbert moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Carl and Gloria Maag and Jerry Schwindp, David and Carol Howard, and Glenn 0. and Pamela S. Packer for violations of the Weld County Zoning Ordinance. Commissioner Webster seconded the :motion, and it carried unanimously. Minutes - February 26, 1992 Page 4 CONSIDER RE #1395 - GREENWOOD: Lanell Swanson, Department of Planning Services, requested this item be continued to March 4, 1992 since the applicant could not be present this morning. Commissioner Kirby moved to continue said matter to March 4, 1992 at 9:00 a.m. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER RE #1397 - GRIESER: Ms. Swanson read the recommendation for denial from the Planning staff into the record. Merle and Karla Grieser, applicants, were present. Tom David, County Attorney, explained the procedure to be followed in case of a tie vote, since there are only four Commissioners present. This was agreeable to the Grieser's. Ms. Grieser read a letter into the record, marked as Exhibit A, addressing the concerns of the Planning Department. Commissioner Kirby asked whether the PUD process is explained to applicants who are applying for Recorded Exemptions. Ms. Swanson stated it is not. Commissioner Harbert questioned the number of splits. After much discussion, it was determined that the original 80 acres had been split into four parcels, and this would create the fifth. Les Boulter, adjacent landowner, spoke in opposition to this split. He is concerned about the traffic on Weld County Road 44, as well as the fact that he feels it is like living on the edge of a subdivision, and further splits would increase the haphazard development of the area. Ed Bruntz, landowner, spoke in favor of the split. Chairman Kennedy read a letter, marked as Exhibit B, from concerned neighbors adjacent to and adjoining the Grieser's property. (Change to Tape #92-10) Mr. Boulter identified the location of the property owned by the individuals who signed the letter. Ms. Grieser stated that the growth has been over twelve years, it has not been rapid growth, and it has been six years since the last split. Mr. Boulter said that all the splits have been within the last fifteen to twenty years. Commissioner Harbert moved to approve Recorded Exemption #1397, with Commissioner Webster seconding the motion. Commissioner Kirby stated this is a prime example of re-splitting and using the recorded exemption process to split and divide without using the subdivision process. Chairman Kennedy stated that it evades the subdivision process. On roll call vote Commissioners Harbert and Webster voted in -favor of the motion, while Commissioners Kirby and Kennedy voted against the motion. This matter will be held for Commissioner Lacy to review the record, after which time he will cast the deciding vote. CONSIDER RELEASE OF BUILDING PERMIT UNDER SECTION 13, SUBDIVISION REGULATIONS - STANLEY: Ms. Swanson read the recommendation of the Planning staff into the record. Chuck Cunliffe, Director of Planning Services, was also present and explained that the property was purchased with the knowledge that certain building code requirements would have to be met. Because of the determination of an illegal land split all building permits, no matter how minor, will have to be brought back before the Board of County Commissioners. After discussion Commissioner Webster moved to approve said building permit. Commissioner Kirby seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Minutes - February 26, 1992 Page 5 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 CWIT BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board - p Ge .5ge Ke edy, Chairman By: 4 A A�f 4, 44,2‘ it C4�G • ��/2,j2 ,,, �l, �r i?./ cl - Deputy Clerk to the Board Constance L. Harbert, ro-Tem EXCUSED DATE OF APPROVAL C. W. Kirby EXCUSED Gordon E. Lacy W. H. Webster Minutes - February 26, 1992 Page 6 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO FEBRUARY 26, 1992 TAPE #92-10 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, February 26, 1992, 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 George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy - Excused Commissioner W. H. Webster Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Kirby moved to approve the minutes of the Board of Social Services meeting of February 24, 1992, as printed. Commissioner Webster seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Finance Department, presented the warrants for approval by the Board in the amount of $170,406.94. Commissioner Harbert 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 10:20 A.M. ATTEST: i s�� APPROVED: BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO Weld County Clerk to th Board / te gy: c�cc —"a= 3 �lc Dep� Cl rk to the Boar Constance L. Harbert, ro- em EXCUSED DATE OF APPROVAL C. W. Kirby EXCUSED Gordon E. Lacy 1 ,I-4/>1‘11 illaC W. H. 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