HomeMy WebLinkAbout972521.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 8, 1997
TAPE #97- 31
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,
December 8, 1997, at the hour of 9:00 a.m.
ROLL CALL:
MINUTES:
ADDITIONS TO
AGENDA:
CONSENT AGENDA:
COMMISSIONER
COORDINATOR
REPORTS:
PUBLIC INPUT:
The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of December 1, 1997, as printed. Commissioner
Kirkmeyer seconded the motion, and it carried unanimously.
There were no additions to the agenda.
Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
Chair Baxter congratulated Commissioner Kirkmeyer for being selected as
Commissioner of the Year by Colorado Counties, Incorporated (CCI).
No public input was offered.
972521
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $640,037.52
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - JAMES AND WYLMA KENNEY: Warren
Lasell, County Assessor, stated the current value of $210,067 is justified for the
Kenney property and recommended denial of the petition. Mark Lusby,
Appraiser, stated he inspected the property February 17, 1997, and his figures
include 1,050 square feet of unfinished basement. Mr. Lasell stated the petition
should not include the basement since it was not finished by January 1, 1997.
Lee Morrison, Assistant County Attorney, clarified that Congress passed
legislature, five or six years ago, which allows a two-year period to petition a
protest. Mr. Lusby stated he did not have comparisons, but noted he did view
similar homes in the area and the value of $210,067. Commissioner Kirkmeyer
moved to deny the petition of James and Wylma Kenney and authorize Chair
to sign. Commissioner Harbert seconded the motion, which carried
unanimously.
CONSIDER APPLICATION FOR 1998 LICENSE TO CONDUCT PUBLIC
DANCE OR DANCES - RAFFERTY'S, INC., DBA RAFFERTY'S:
Commissioner Hall moved to approve said application and authorize Chair to
sign said license. Commissioner Webster seconded the motion, which carried
unanimously.
CONSIDER APPLICATION FOR 1998 LICENSE TO CONDUCT PUBLIC
DANCE OR DANCES - DEEANN AND RICHARD WILHELM, DBA FORT 21:
Commissioner Webster moved to approve said application and authorize Chair
to sign said license. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
CONSIDER APPLICATION FOR 1998 LICENSE TO CONDUCT PUBLIC
DANCE OR DANCES - J. MONTES, DBA EL RODEO NIGHT CLUB: Mr.
Morrison clarified for the Board that the conditions under which the Liquor
License for El Rodeo Night Club were approved, are for review in January.
Commissioner Kirkmeyer moved to approve said application and authorize
Chair to sign said license. Commissioner Hall seconded the motion, which
carried unanimously.
CONSIDER AGREEMENT TO HOUSE AMBULANCE OR AMBULANCE
EQUIPMENT, OR BOTH AND AUTHORIZE CHAIR TO SIGN -
WINDSOR/SEVERANCE FIRE PROTECTION DISTRICT: Commissioner
Harbert moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
Minutes, December 8, 1997 972521
Page 2 BC0016
CONSIDER TWO AMENDMENTS TO LAW ENFORCEMENT SERVICE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SEVERANCE AND
HUDSON/KEENESBURG: These agreements set the hourly rate per deputy
assigned to an event at $33, with $20,000 the maximum amount to be billed to
the Town of Severance, and $39,500 to the Town of Hudson/Keenesburg.
Commissioner Hall moved to approve said amendments and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER SEVENTEEN AGREEMENTS FOR MUNICIPAL JAIL SERVICES
AND AUTHORIZE CHAIR TO SIGN: These agreements allow each of the
seventeen municipalities, to use of the County Jail at a cost of $45 per offender,
per day. Commissioner Kirkmeyer moved to approve said agreements and
authorize the Chair to sign. Seconded by Commissioner Harbert, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 37
BETWEEN WELD COUNTY ROAD 86 AND WELD COUNTY ROAD 88:
Commissioner Webster moved to approve said closure. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO LIBRARY DISTRICT BOARD: Commissioner
Harbert moved to ratify the appointment of Linda L. Smith for a term of five
years to expire December 31, 2002. Commissioner Hall seconded the motion,
which carried unanimously.
SECOND READING, ORDINANCE #136-L IN THE MATTER OF SETTING
THE AMOUNT OF PURCHASES BY WRITTEN SEALED BIDS: Commissioner
Hall moved to read Ordinance #136-L by title only. Commissioner Kirkmeyer
seconded the motion, which carried unanimously. Mr. Warden read said title
into the record and stated the amount of $7,500, remains the same.
Commissioner Harbert moved to approve said ordinance on second reading.
Commissioner Webster seconded the motion, which carried unanimously.
SECOND READING, ORDINANCE #82-S IN THE MATTER OF SETTING
FEES FOR SERVICES PROVIDED BY THE WELD COUNTY HEALTH
DEPARTMENT: Commissioner Hall moved to read Ordinance #82-S by title
only. Commissioner Kirkmeyer seconded the motion, which carried
unanimously. Mr. Warden read said title into the record and explained most of
the charges were set by State Statute, except for the amount on individual
search permits. Commissioner Webster moved to approve Ordinance #82-S on
second reading. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
SECOND READING, ORDINANCE #84-S IN THE MATTER OF SETTING
FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner
Kirkmeyer moved to read Ordinance #84-S by title only. Commissioner Hall
seconded the motion, which carried unanimously. Mr. Warden read said title
into the record and stated these fees are for various departments.
Commissioner Harbert moved to approve Ordinance #84-S on second reading.
Commissioner Hall seconded the motion, which carried unanimously.
Minutes, December 8, 1997 972521
Page 3 BC0016
PLANNING:
CONSIDER PROBABLE CAUSE HEARING FOR USR #961 - KOBOBEL:
Monica Mika, Director of Planning Services, displayed an overhead showing the
general location of the mining operation, and stated USR #961 and a Road
Maintenance and Improvements Agreement were approved in February 1992.
In April of 1997, Ms. Mika met with Drew Scheltinga, County Engineer, to try
and get adherence to the agreement. Ms. Mika stated since the approval of the
original USR and road maintenance agreement, the Town of Frederick annexed
the area including a portion of Weld County Road 5, which is the specified haul
route for the mining trucks. Mr. Scheltinga displayed another overhead showing
the'/ -mile portion of Weld County Road 5, which the applicant agreed to pave,
and highlighted the haul route for the mining trucks. (Switched to tape #97-32.)
Mr. Scheltinga also stated Don Carroll, Department of Public Works, visited the
site and reported truck traffic leaving the site in a southern direction rather than
via the specified haul route to the north. Mr. Scheltinga explained Mr. Kobobel
feels paving the'/ mile of Weld County Road 5 is no longer his responsibility
since the Town of Frederick has annexed the land, including this portion of the
road. In response to Commissioners Harbert and Kirkmeyer, Mr. Scheltinga
stated there is no need for the trucks to go south on Weld County Road 5 and
stated he did meet with the applicant on several different occasions, suggesting
he meet with the Board to try and work out a compromise for paving the road.
In response to Chair Baxter, Mr. Morrison stated the USR has not been
annexed, only the road that is used for the haul route. Mr. Morrison stated the
USR is still under County jurisdiction and the applicant is still obligated to fulfill
the requirements of the Road Maintenance Agreement. Ed Tagliente, Mayor of
Frederick, stated the Town of Frederick does not accept responsibility for the
road until the original agreement is fulfilled. Bill Kobobel, applicant, stated due
to court costs to dissolve a partnership, he has not been able to cover the
expense of paving Weld County Road 5; however, he offered to supply the
gravel base if the County will work with him to cover the cost of the asphalt. In
response to Chair Baxter, Mr. Scheltinga stated the total project will cost
approximately $50,000. Commissioner Harbert suggested the applicant supply
the base, as well as pay the balance on a yearly basis. Mr. Kobobel questioned
the expense of paving the road and then repairing it after the surrounding area
is developed. Commissioner Harbert stated that will be Frederick's
responsibility because it is a result of the annexation; however, the road
agreement still needs to be fulfilled because it is already three years past the
original completion date. In response to Commissioner Kirkmeyer, Mr. Kobobel
stated his permit is for 10 years, and there is approximately 3 or 4 years of
gravel left in the pit. Mr. Kobobel added there are two spots on Road 5 which
he has maintained at his own expense. Responding to Commissioner
Kirkmeyer, Mr. Kobobel explained he runs a one -truck operation; however, he
has signs posted for customers to use the haul route to the north, but they do
not always do so. In response to Commissioner Harbert, Mr. Scheltinga stated
the car count showed around 200 cars on Weld County Road 5 on a daily basis.
Mr. Kobobel responded to Commissioner Hall that providing the base material,
as well as the balance of $25,000 over time would be too much for the company
to handle. In response to Mr. Morrison, Mr. Kobobel stated there is a mortgage
on the property. Margaret Kobobel, applicant, stated she feels Frederick should
help pay, and questioned a section in the agreement which mentioned the
County compensating for part of the work done. Upon further discussion,
Commissioner Kirkmeyer clarified the applicant is to pay for paving of Weld
County Road 5, and responsibility for the road will be Frederick's once the
Minutes, December 8, 1997 972521
Page 4 BC0016
agreement is fulfilled. Mr. Tagliente stated he was not aware of the road
maintenance agreement when he met with Ms. Kobobel and will not accept
responsibility for the road until the agreement is fulfilled. Mr. Morrison proposed
a surcharge on each ton of gravel sold at the mining pit, but stated this would
not precede the mortgage. Another option he suggested is a Local
Improvement District, which can precede the mortgage with the mining
operation as the only property to be included in the district. Mr. Kobobel stated
the business is unable to cover the total expense. Commissioner Kirkmeyer
restated the original agreement requires the applicant to provide all base and
paving materials as well as complete the project. Commissioner Harbert
suggested setting a Show Cause Hearing in three to four weeks to allow the
applicant time to meet with the County Attorney and the County Engineer and
come up with a solution. Commissioner Hall moved to set a Show Cause
Hearing for January 12, 1997 at 10:00 a.m. Commissioner Harbert seconded
the motion, which carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinances 136-L, 82-S, and 84-S were approved on second reading.
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.
ATTEST:
Weld Coun
BY.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
WELD$OUNTY, COLO DO
,George F! Baxter, Chair
nstance L. Hart}ert,
Dale K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirk
W. H. Webster
ever
Minutes, December 8, 1997 972521
Page 5 BC0016
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