HomeMy WebLinkAbout931496.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
February 17, 1993
TAPE #93-05 and #93-06
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 17, 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 - Absent
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Weld County Attorney, Thomas 0. David
Acting Clerk to the Board, Betty Henson
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of February 10, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
(Let the record reflect that Commissioner Baxter is now
present. )
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on
February 10, 1993, as follows: 1) Special Review Permit for an
oil and gas support facility (brinewater disposal) in the A
(Agricultural) Zone District, Conquest Oil Company; and 2)
Amended Special Review Permit for an agricultural service
establishment (expansion of office building) in the A
(Agricultural) Zone District, Monfort, Inc. , c/o Ronald J.
Lambden. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Hall seconded the motion, and it carried
unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - WILLIAM ARRIES, COMMUNITY CORRECTIONS
BOARD: Chairman Harbert read the plaque being presented to Mr.
Arries for his one year of service on the Community Corrections
Board.
RECOGNITION OF SERVICES - RAYMOND MORA, COMMUNITY CORRECTIONS
BOARD: Chairman Harbert read the plaque being presented to Mr.
Mora for his two years of service on the Community Corrections
Board.
931496
RECOGNITION OF SERVICES - JOHN MICHAELS, COMMUNICATIONS ADVISORY
BOARD: Chairman Harbert read the plaque being presented to Mr.
Michaels for his six years of service on the Communications
Advisory Board.
DEPARTMENT HEADS AND
ELECTED OFFICIALS: Ed Jordan, Sheriff, was not present.
Gary McCabe, Director of Ambulance Service, reported they had
6,396 calls for service in 1992 which is a 5% increase over
1991. There were 567 calls for January of 1993. Mr. McCabe
provided a summary report on the status of the EMT's, training
for the fire department members, Weld County Emergency Council,
the EMS Revised Disaster Plan, a grant for $77, 000, and the
county-wide Emergency Medical Services demonstration to be held
in May of 1993.
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 134,329.65
Payroll 9,447.61
Handwritten warrants:
Payroll Fund $ 71.00
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Webster seconded the motion which
carried unanimously.
BIDS: PRESENT ROAD WIDENER - ROAD AND BRIDGE DEPARTMENT: Pat
Persichino, Director of General Services, read the names of the
two bidders into the record, stating that Wagner Equipment does
not meet our specifications. Said bid is to be submitted for
approval on March 3, 1993.
APPROVE REMODELING OF YOUTH SHELTER HOME - FINANCE (CONT. FROM
01/27/93) : Don Warden, Director of Finance and Administration,
requested said item be removed from the agenda until such time
that the necessary information is received from the State.
Commissioner Kirkmeyer moved to remove said item from the
agenda. Seconded by Commissioner Baxter, the motion carried
unanimously.
BUSINESS:
OLD: CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE OIL AND
GAS LEASE WITH H & C COLTON COMPANY - NSW S34, T5N, R66W
(CONT. FROM 01/18/93) : Chairman Harbert stated she had received
a request from H & C Colton Company to continue this item due to
the illness of their client. Commissioner Baxter moved to
approve continuance of said request to March 3, 1993 at 9:00
a.m. Seconded by Commissioner Hall, the motion carried
unanimously.
NEW: CONSIDER SIX TAX ABATEMENT PETITIONS FROM H. SOL CERSONSKY AND
JACK D. FEUER, TRUSTEES AND AUTHORIZE CHAIRMAN TO SIGN: Warren
Lasell, Assessor, stated that these lots are in the fly zones,
and they were adjusted for 1992. Commissioner Hall moved to
approve said abatements, based on staff recommendation, and
authorize the Chairman to sign. Seconded by Commissioner
Baxter, the motion carried unanimously.
Minutes - February 17, 1993
Page 2
CONSIDER THREE TAX ABATEMENT PETITIONS FROM BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Lasell stated this is the royalty portion of oil and gas and
should have been exempt. Commissioner Baxter moved to approve
said abatement, based on staff recommendation, and authorize the
Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER COLORADO DEPARTMENT OF TRANSPORTATION HUTF FUNDING AND
AUTHORIZE MILEAGE AND AUTHORIZE CHAIRMAN TO SIGN: Drew
Scheltinga, County Engineer, stated the County is required to
certify the number of highway miles, if paved or unpaved, and
the square feet of bridge decks. He reported there were 22
miles of road changed from gravel to asphalt, 3.1 miles were
annexed, and 2. 76 miles unincorporated due to the Keota
disorganization. Mr. Scheltinga stated there are 614. 13 miles
of paved road, 2,650.22 miles of gravel road, and 531,565 square
feet of bridge decks. Commissioner Webster moved to approve
said funding and authorize mileage and the Chairman to sign.
Seconded by Commissioner Kirkmeyer, the motion carried
unanimoulsy.
CONSIDER TWO DIVISION ORDERS TO ELK EXPLORATION, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN: - Ni NW* 52, T3N, R66W (HSR FROMHOLZ
4-2 AND HSR FREELAND 3-2) : Tom David, County Attorney, stated
these are two 40-acre sites being combined into one. He
recommended approval. Commissioner Hall moved to approve said
division orders and authorize the Chairman to sign. Seconded by
Commissioner Baxter, the motion carried unanimoulsy.
CONSIDER APPOINTMENT OF BRANDON MARINOFF AS DEPUTY DISTRICT
ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Hall
moved to approve said appointment and authorize the Chairman to
sign. Commissioner Kirkmeyer seconded the motion which carried
unanimously.
CONSIDER WAIVING 45-DAY TIME LIMIT AND RENEWAL OF 3.2% BEER
LICENSE FOR LILLIAN GOOCH, DBA CROW VALLEY CAFE AND AUTHORIZE
CHAIRMAN TO SIGN: Chairman Harbert read the Sheriff's Office
report indicating no violations were received in the past year.
Bruce Barker, Assistant County Attorney, explained the reason
for the 45-day time limit. Commissioner Webster moved to
approve said waiver and renewal of license and authorize the
Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimoulsy.
CONSIDER APPOINTMENTS TO GREELEY/WELD AIRPORT AUTHORITY BOARD:
Chairman Harbert stated that Commissioners Dale Hall and George
Baxter are being appointed to replace Commissioner W. H.
Webster, with terms to expire December 31, 1993. Commissioner
Kirkmeyer moved to approve said appointments. The motion was
seconded by Commissioner Webster. In response to a question
from Commissioner Hall, Mr. Barker stated that the appointment
period is for a four-year term, however, historically we have
reappointed annually. The motion carried unanimously.
CONSIDER 1993 DANCE HALL LICENSE FOR LUCKY STAR CORPORATION, DBA
LUCKY STAR BAR AND GRILL: Commissioner Webster moved to approve
said license. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER ACCEPTING PETITION FOR LOCAL IMPROVEMENT DISTRICT FOR
JOHNSON SUBDIVISION AND SETTING PRELIMINARY HEARING DATE: Mr.
Scheltinga stated this petition is for the purpose of paving
certain portions of 38th Avenue, 40th Avenue, and 'B' Street,
North of West 4th Street. 100% of all costs will be paid by the
district. There are 40 lots in the proposed district with an
estimated assessment per lot of $1,237.50. Thirty-one
Minutes - February 17, 1993
Page 3
signatures have been obtained on the petition. Commissioner
Baxter moved to accept said petition per staff recommendation.
Seconded by Commissioner Webster, the motion carried
unanimously. Chairman Harbert requested the preliminary hearing
date be set for April 7, 1993 at 10:00 a.m. Commissioner Hall
moved to approve said hearing date. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 15 BETWEEN WELD
COUNTY ROADS 24 AND 26: Commissioner Hall moved to approve said
closure. Seconded by Commissioner Baxter, the motion carried
unanimously.
PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE
ORDINANCE - SASAKI: Commissioner Baxter moved to approve this
Resolution authorizing the County Attorney to proceed with legal
action against Joe and Jane Sasaki for violations of the Weld
County Building Code Ordinance. Commissioner Webster seconded
the motion, and it carried unanimously.
(Let the record reflect that Lee Morrison, Assistant County
Attorney, is now the Attorney of Record. )
CONSIDER PROBABLE CAUSE - GONZALES: Lanell Adler, Planning
Department, read the Planning staff's recommendation to schedule
a Show Cause hearing to consider revocation of USR #689. Ms.
Adler stated she had received a phone call from Mrs. Gonzales
saying they had received notice to vacate the property by March
31, 1993. Joe Gonzales stated they are presently looking for a
new larger location to store the concrete ditch lining
equipment, and that equipment maintenance is not done on site.
Mr. Morrison confirmed that the Gonzales' could seek to amend
the permit to extend the time or change the conditions of the
permit. In response to a question from Chairman Harbert, Mr.
Gonzales said he was not aware of the October 16, 1990 vacation
date. Mr. Morrison stated that the circumstances for no action
since 1990 involved the possibility of annexation from the City
of Evans. Mr. Morrison explained the options are to continue
the Probable Cause or set a Show Cause hearing. Commissioner
Hall moved to continue the Probable Cause to March 17, 1993 at
9:00 a.m. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT WITH
COLORADO INCINERATION SERVICES, INC. AND AUTHORIZE CHAIRMAN TO
SIGN: (Change to Tape #93-06) Mr. Morrison explained this is
a request to approve an amended version of said agreement which
is part of the conditions of the Certificate of Designation and
Special Review Permit. The amendments are in the amounts posted
for guarantee based on changes in cost for removal and
incineration. This guarantees performance if there is an
unexpected closure. There are also provisions for containment
and clean up of any kind of spill. The numbers have been
reviewed by the Health Department and Planning Department, and
the other language in the agreement has not been changed. Mr.
Morrison reviewed a previous discussion about increasing the
collateral. Based on this information, Mr. Morrison recommends
approval of said agreement. Commissioner Baxter moved to
approve said agreement. Seconded by Commissioner Hall, the
motion carried unanimously.
Minutes - February 17, 1993
Page 4
CONSIDER RE #1467 AND RE #1468 - SCHLAGEL: Ms. Adler read the
unfavorable recommendation of the Planning Staff into the
record. Ed Orr, representing Mr. Schlagel, stated that the
parcel in RE #1467 is undesirable farm ground and not feasible
for future agricultural use, and its best use would be as a
rural building site. The larger lots on each recorded exemption
will remain in agriculture. In response to a question
from Chairman Harbert, Mr. Orr responded that each parcel would
be split into two lots. He stated that Mr. Schlagel has no
further use for the improvements on RE #1468, and he believes
that a new owner would add to the integrity of the property.
Approximately 70 acres will remain agricultural. Mr. Orr stated
that RE #1467 has no improvements, and there is access to parcel
RE #1468 via Weld County Road 27 and Highway 392. One of the
staff recommendations is to do a joint access for each large lot
from the existing road. Ms. Adler stated that the State of
Colorado will not provide a separate access, and the conditions
of approval include an easement agreement. Discussion ensued
regarding surveying the property, access to water, and road
access. Ms. Adler said that each A Lot would have separate
accesses, and that the B Lots would have one combined access.
In response to a question from Commissioner Baxter, Mr. Orr
stated there have been no recorded exemptions on these parcels
within the last five years. Discussion ensued regarding minor
subdivisions, and Mr. Orr stated that consideration of a minor
subdivision at this time is not feasible. Commissioner Hall
moved to deny said recorded exemptions. The motion was seconded
by Commissioner Kirkmeyer. Commissioner Webster stated that
this could someday be a controlled development area. Mr. Orr
asked the Board to consider each recorded exemption separately.
Discussion ensued regarding road improvement agreement
requirements. Mr. Morrison stated there are ways to ensure a
guarantee of performance. Mr. Orr explained that Mr. Schlagel
is a farmer and believes there is no intent to be involved in a
minor subdivision. Commissioner Hall amended his motion to deny
RE #1467 only. Commissioner Kirkmeyer consented to the
amendment. On a roll call vote, said motion carried four to one
with Commissioner Webster voting against said motion.
Commissioner Webster moved to approve RE #1468 with the
recommended conditions of approval. The motion was seconded by
Commissioner Baxter. Ms. Adler stated Conditions of Approval
Nos. 1, 2, 3, and 4 would remain the same, and Conditions of
Approval Nos. 5 and 6 would be amended to include current access
information. Mr. Orr stated he was familiar with the Conditions
of Approval. Commissioner Hall stated that we have the
availability of the minor subdivision process rather than
approving numerous exemptions. On a roll call vote, said motion
failed two to three with Commissioners Hall and Kirkmeyer and
Chairman Harbert voting against said 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.
Minutes - February 17, 1993
Page 5
There being no further business, this meeting was adjourned at
10:20 A.M.
APPROVED:
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Weld County Clerk to the Board fCd .71-Y.'0-c'af IC 7«' c`e-'r
Constance IJjarb rt, Chairman
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Minutes - February 17, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
February 17, 1993
TAPE #93-06
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 17, 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 County Attorney, Lee Morrison
Acting Clerk to the Board, Betty Henson
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of February 10, 1993, as printed.
Commissioner Webster seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $632, 177.51. Commissioner Baxter moved to approve
the warrants as presented by Mr. Warden. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
Let the minutes reflect that the above and foregoing actions
were attested to and respectfully submitted by the Acting Clerk
to the Board.
There being no further business, this meeting was adjourned at
10:25 A.M.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
/Alm/l / L' /1/x47 WELD COUNTY, COLORADO
444 vi gyyz,
Weld County Clerk o the Board
Constance L.
arbert, Chairman
By: a 7
Deputy Clerk o the_$oard W. Webst r, P o-Tem
eorge . Baxte
Dale K. a
Barbara J. Kirkmey
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