HomeMy WebLinkAbout960808 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 13, 1996
TAPE #96-14
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,
May 13, 1996, at the hour of 9:00 a.m.
ROLL CALL: 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 Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of May 8, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on May 8,
1996, as follows: 1) Change of Zone from PUD (cryogenic research facility) to
A (Agricultural), Donald and Betty Minch; and 2) Special Review Permit for a
home business (sales of printed products) in the A (Agricultural) Zone District,
Bowen and Anje Hyma. Commissioner Harbert seconded the motion, which
carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: No reports were given.
PUBLIC INPUT: No public input was offered.
960808
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 498,680.08
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER TWO PURCHASE OF SERVICES AGREEMENTS BETWEEN
HUMAN SERVICES AND LARIMER COUNTY DEPARTMENT OF HUMAN
DEVELOPMENT WEATHERIZATION PROGRAM AND AUTHORIZE CHAIR
TO SIGN: Walt Speckman, Human Services Director, explained Larimer
County will transfer $1,700.00 to Weld County for reimbursement of services
provided; in turn, Weld County will reimburse Larimer County$10,440.00 for the
actual weatherizing of 140 homes. He stated about one-half of the homes
weatherized are in Weld County, and this program keeps the administrative
costs down. Commissioner Harbert moved to approve said agreements and
authorize the Chair to sign. Commissioner Webster seconded the motion,
which carried unanimously.
CONSIDER TWO PURCHASE OF SERVICES AGREEMENTS BETWEEN
FENWC'S MIGRANT HEAD START PROGRAM AND LAIDLAW TRANSIT,
INC., AND FAMILIES IN NEED OF DIRECTION AND AUTHORIZE CHAIR TO
SIGN: Mr. Speckman explained Laidlaw will provide transportation services for
the Migrant Head Start Program in Mesa, Delta, and Montrose Counties, and
Families in Need of Direction will provide mental health services for the same.
Commissioner Harbert moved to approve said agreements and authorize the
Chair to sign. The motion, seconded by Commissioner Baxter, carried
unanimously.
CONSIDER 1996-97 JOB TRAINING PLAN BETWEEN EMPLOYMENT
SERVICES AND GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman recommended approval of said plan as
prepared by the Private Industry Council and explained the decrease in amount
was due to changes made to the budget at the Federal level. Commissioner
Baxter moved to approve said plan and authorize the Chair to sign.
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER MASTER CONTRACT FOR JOB TRAINING PARTNERSHIP ACT
BETWEEN HUMAN SERVICES AND GOVERNOR'S JOB TRAINING OFFICE
AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman explained this is the
contractual arrangement with the State for the Job Training Plan approved in the
previous item. Commissioner Harbert moved to approve said contract and
authorize the Chair to sign. The motion, seconded by Commissioner Hall,
carried unanimously.
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CONSIDER MODULAR CLASSROOM AGREEMENT BETWEEN FENWC AND
MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51 AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated this is a ten-year site agreement for
classroom space to be shared between the summer Head Start children and the
grade school children during the school year. Commissioner Webster moved
to approve said agreement and authorize the Chair to sign. Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT BETWEEN FENWC AND
WELD MENTAL HEALTH AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman
stated Weld Mental Health has provided various services to eligible FENWC
Head Start families, children, and staff for a number of years, and this
agreement would allow for the continuation of same. Commissioner Hall moved
to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Harbert, and it carried unanimously.
CONSIDER APPOINTMENT TO PRIVATE INDUSTRY COUNCIL: Chair
Kirkmeyer stated Dr. Dora Johnson will replace John Swanson as a small
business representative, with her term to expire December 31, 1998.
Commissioner Hall moved to approve said appointment, and Commissioner
Webster seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY
DEVELOPMENT REVIEW TEAM: Chair Kirkmeyer stated Ron Linnebur, Mayor
of Keenesburg, will replace Larry Jakel as a mayoral representative.
Commissioner Webster so moved, and Commissioner Baxter seconded the
motion, which carried unanimously.
CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR RONALD
FAHRENHOLTZ, DBA C J'S LIQUORS, AND AUTHORIZE CHAIR TO SIGN:
Bruce Barker, County Attorney, stated the completed application and requisite
fees have been provided by the applicant, and the Sheriffs Office has no
concerns regarding the establishment over the past year. Commissioner
Webster moved to approve said renewal and authorize the Chair to sign. The
motion was seconded by Commissioner Hall, and it carried unanimously.
CONSIDER AGREEMENT FOR USE OF COUNTY JAIL FACILITIES
BETWEEN SHERIFF'S OFFICE AND CITY OF GILCREST AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated this agreement was reviewed by Kim
Fliethman, Sheriffs Office, and concerns in Paragraph 2 regarding housing of
offenders with infectious diseases, including AIDS, were resolved with the Town
of Gilcrest. Mr. Barker noted the Town has the obligation to house such
offenders, not Weld County. Commissioner Harbert moved to approve said
agreement and authorize the Chair to sign. Commissioner Hall seconded the
motion, which carried unanimously.
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FINAL READING OF ORDINANCE NO. 118-N, IN MATTER OF AMENDING
ORDINANCES NO. 118-J, NO. 118-K, NO. 118-L,AND NO. 118-M, THE WELD
COUNTY PERSONNEL POLICY HANDBOOK: Commissioner Harbert moved
to read said ordinance into the record by title only, and Commissioner Webster
seconded the motion, which carried unanimously. Mr. Barker read the title of
Ordinance No. 118-N into the record, and no public testimony was offered.
Commissioner Harbert moved to approve said ordinance on final reading, and
Commissioner Webster seconded the motion, which carried unanimously.
PLANNING: CONSIDER PARTIAL RELEASE OF COLLATERAL FOR PERFORMANCE
GUARANTEE WITH COLORADO INCINERATION SERVICES, INC. -
USR #918: Keith Schuett, Planning Department, stated a substantial amount
of collateral was posted for this facility; however, it has not been operating for
some time. He explained the facility has not yet completely satisfied the criteria
of the closure plan; therefore, staff recommends holding $12,000.00 for removal
of equipment and site clean up, including disinfecting of the facility. After
discussion, Commissioner Harbert moved to approve the partial release of said
collateral, and Commissioner Webster seconded the motion, which carried
unanimously.
SECOND READING OF ORDINANCE NO. 89-FF, IN MATTER OF AMENDING
WELD COUNTY ZONING ORDINANCE: Commissioner Hall moved to read
said ordinance into the record by title only, and Commissioner Baxter seconded
the motion, which carried unanimously. Mr. Barker read the title of
Ordinance No. 89-FF into the record. Monica Mika, Planning Director, reviewed
the major changes suggested for certain sections of said ordinance. Patty
Deplazes questioned the language proposed for Section 45.3.1 and requested
the Board consider striking said Section noting shooting ranges should be
viewed as any other Special Review Permit with Conditions of Approval and
Development Standards based on each individual case. Responding to Ms.
Deplazes' questions, Ms. Mika stated said language was initially included in the
Zoning Ordinance in 1980 or 1981, and its purpose is for the health and safety
of surrounding development. She clarified the Board must decide the period of
time necessary to amortize the applicant's initial investment and has the choice
to set the term for more than three years. Ms. Mika reiterated the necessity for
compatibility with surrounding land uses. Chair Kirkmeyer reiterated Ms.
Deplazes' concern regarding whether the applicant must reapply for a new
Permit at the end of the term or if the Permit is reviewed and renewed. Ms.
Mika stated the applicant would not need to reapply; but, the site would be
inspected by Planning. Mr. Schuett clarified his interpretation is that if the time
period is limited, the Permit does expire. Lee Morrison, Assistant County
Attorney, concurred with Mr. Schuett and further clarified if no review provision
is included, the Permit expires at the end of the term. Commissioner Harbert
suggested an automatic renewal be allowed if no problems or complaints occur.
Mr. Morrison noted if the Permit is reviewed, the surrounding land owners have
no date certain for development, and, after further comments, he confirmed the
applicant must reapply for a new Permit at the end of the term. Commissioner
Hall stated he is not convinced the provision is necessary since the safety
Minutes, May 13, 1996 960808
Page 4 BC0016
concerns are not much different than those of other Permits. He noted the
Board has the option to review any Permit at any time and suggested the
Section be stricken. Commissioner Webster concurred with Commissioner Hall
and stated he, too, has a problem singling out this type of Permit and does not
feel it needs to be a separate item. Commissioner Baxter also agreed with
Commissioners Hall and Webster and stated if the Permit is set for a certain
time, the Board is trying to guess future land uses, and Board members change
over time. Responding to Chair Kirkmeyer, Mr. Morrison stated time limits may
not be enforceable if not set by ordinance. He confirmed the Permit can be
reviewed by staff for enforcement at any time; however, the hearing process is
only to review violations of a Permit, and he discouraged the Board to set terms
unless provided by ordinance. Chair Kirkmeyer questioned staffs opinion about
striking Section 45.3.1. Ms. Mika reiterated her concern regarding compatibility
with surrounding properties and noted the Permits historically have not been
reviewed. Mr. Morrison stated limiting the time period for gun ranges keeps
them more compatible and lessens conflicts among jurisdictions. After further
discussion, Ms. Deplazes stated safety zones are set at national and local levels
and noted no fatalities have occurred on shooting ranges since 1902. She also
noted hunting, which is not as safe as a shooting range, is statistically safer than
many other recreational sports. Regarding compatibility, Ms. Deplazes stated
they are their own adjacent landowners according to Planning, and their current
project should not be jeopardized by others' future plans. After further
comments, Chair Kirkmeyer stated she, too, is inclined to strike the provision;
however, if the Board does not concur, the initial investment issue must be
addressed. Mr. Morrison suggested allowing a standard for review of the layout
of ranges for safety purposes; thus, changes could be made to ranges without
taking away the overall range and investment. Chair Kirkmeyer suggested
adding such language to Section 45.3.2.2, and no other public testimony was
offered. Staff responded to other questions from the Board, and Commissioner
Hall moved to amend Section 45.3.1 to require the Permits be reviewed on a
ten-year basis for conformity of safety factors. Commissioner Webster
seconded the motion. Mr. Morrison reviewed proposed language for the
revision of Section 45.3.1, and Ms. Mika questioned whether the motion
included the other suggested amendments. Commissioner Hall clarified his
motion concerns only Section 45.3.1 and further explained he does not want to
exclude a specific use. After further discussion, the motion carried
unanimously. Chair Kirkmeyer suggested staff be directed to provide better
verbiage than "common wall" for Section 10.1.A and that Ordinance No. 89-FF
be approved on second reading with amendments to Sections 10.1.A, 10.1.M,
10.1.S, and Section 32.6.2.1 as recommended by staff. Commissioner Webster
so moved, and Commissioner Harbert seconded the motion, which carried
unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 89-FF was approved on second reading, with amendments, and
Ordinance No. 118-N was approved on final reading.
Minutes, May 13, 1996 960808
Page 5 BC0016
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 10:05 a.m.
BOARD OF COUNTY COMM SSIONERS
e% W D COUNTY, COLORAD
l ai`-Gil)' ' t z.
e Barbara J. Kirkmeyer, C it
iecIcce ^.,,_ k to the Board %.
George . Baxter, Pro-Tem
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le to the Board FXCl1SFf1 ()ATE (IF APPROVAI
Dale K. Hall
Constance L. Harbe
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W. H. Webster
Minutes, May 13, 1996 960808
Page 6 BC0016
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