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Home My WebLink About991045.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 10, 1999 TAPE #99-16 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 10, 1999, 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 Dale K. Hall, Chair Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter- TARDY Commissioner M. J. Geile Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners meeting of May 5, 1999, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: READ EMERGENCY ORDINANCE #206 BY TAPE: Commissioner Geile moved to Read Emergency Ordinance #206 by tape. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearing conducted on May 5 and 6, 1999, as follows: 1) Planned Unit Development Final Plan S #481, for a 19-lot Industrial and Commercial Business Park, Del Camino Junction Development, Inc., % Tuttle Applegate, Inc. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. 991045 cc: /ri'elly9 , /171&J2 BC0016 CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PROCLAMATIONS: PUBLIC HEALTH NURSING DAY - MAY 10, 1999: Chair Hall read the certificate proclaiming May 10, 1999, as Public Health Nursing Day for the record and presented it to Linda Carlson, Weld County Department of Public Health and Environment. PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $855,853.14 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Geile seconded the motion,which carried unanimously. BUSINESS: NEW: CONSIDER CONTRACT AMENDMENT #2 FOR JTPA OLDER WORKER PROGRAM: Walt Speckman, Director of Human Services, stated this amendment is for $38,000 to provide employment counseling, training, job development, and job placement for low-income adults 55 years of age and older. In response to Commissioner Geile, Mr. Speckman stated as the older worker population increases, the program and funding will need to increase. Commissioner Geile moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONSTRUCTION CHANGE DIRECTIVE #1 FOR WALTON BUILDING RENOVATION AND AUTHORIZE CHAIR TO SIGN: Pat Persichino, Director of General Services, stated this directive, in the amount of $43,799, is to renovate the Walton Building. Commissioner Kirkmeyer moved to approve said directive and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER NOTICE OF RENEWAL FOR 1999-2000 COMMUNITY CORRECTIONS INMATE INTENSIVE SUPERVISION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated Jan Spangler, Community Corrections, has reviewed this renewal and recommends approval. He stated the terms are the same as the previous year; however, the amount has been increased to$25,000. Commissioner Vaad moved to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF VARIOUS WELD COUNTY ROADS DUE TO FLOODING: Commissioner Vaad moved to approve said closures. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, May 10, 1999 991045 Page 2 BC0016 CONSIDER REVISED PURCHASING SECTION OF THE WELD COUNTY ADMINISTRATIVE MANUAL: Mr. Warden stated the purchasing section of the Administrative Manual is being updated to clarify the bidding and quotation process for codification purposes. Commissioner Kirkmeyer moved to approve said revision. Commissioner Vaad seconded the motion, which carried unanimously. (Clerk's Note: Commissioner Baxter is now present.) EMERGENCY ORDINANCE#206, IN THE MATTER OF AUTHORIZING THE ISSUANCE AND SALE OF A $388,000 INDUSTRIAL DEVELOPMENT REVENUE BOND: Mr. Warden explained this Ordinance will establish an Industrial Development Revenue Bond Issue for the Centennial Health Education Center. Tim Croissant, Norwest Bank representative, stated the bank supports this matter, which will promote continued education in the health industry. In response to Commissioner Geile, Mr. Croissant gave a brief description of the location of the Center. Responding to Commissioner Kirkmeyer, Mr. Warden stated emergency approval is necessary due to fluctuations in municipal bond prices and current, favorable interest rates as stated in Section 14 of the Ordinance. There was no public testimony concerning this matter. Commissioner Vaad moved to approve Ordinance#206 on an emergency basis. Seconded by Commissioner Baxter,the motion carried unanimously. PLANNING: CONSIDER REVIEW OF CERTAIN CONDITIONS OF APPROVAL FOR RECORDED EXEMPTION #2430 - SCHNEIDER: Julie Chester, Department of Planning Services, gave a brief description of the location of the site and submitted an agreement between the property owners and the Union Ditch Company, marked Exhibit A. Ms. Chester stated staff approved Recorded Exemption (RE) #2430 on March 25, 1999, with Conditions of Approval. She explained initially the applicant proposed a 30-foot access along the north side of the property adjacent to the Union Ditch; however, staff felt there was not enough room at the narrow portion of the property and added a Condition of Approval to obtain an Access Agreement for an access along the south. Ms. Chester stated the applicant has not been able to negotiate an access agreement with the property owner to the south; however, William Schneider, applicant, did have the property surveyed to show there is adequate room for an access as originally proposed. Mr. Schneider stated the property has been historically accessed from the south; however,the current property owner is not willing to grant a legal access. In response to Commissioner Geile, Mr. Barker clarified this hearing is to consider Condition of Approval #2.b, and he added Condition #4 of the Agreement, marked Exhibit A, refers to a deed restriction. Mr. Schneider stated due to the size of the parcels and the lack of water to the property, he has agreed not to subdivide the property further unless it is annexed into a municipality. Responding to Commissioner Geile, Mr. Barker stated the agreement will transfer with the sale of the land and will need to be disclosed to the potential buyer at that time. In response to Mr. Barker, Mr. Schneider explained Condition #6 of the Agreement also confirms the agreement Minutes, May 10, 1999 991045 Page 3 BC0016 continues with the land and is binding to the future heirs and assigns. In response to Chair Hall, Ms. Chester stated if the Board concurs with the applicant's request, the first sentence of Condition of Approval #2.6 should be amended to state, "A 30-foot wide joint access easement extending across SE#758 from Weld County Road 35, for the benefit of both Lots A and B, shall be clearly shown on the plat," and the second sentence should be deleted. Jacqueline Johnson, Attorney, stated when a matter is approved by staff, surrounding property owners are not notified and her client, James Miller, has concerns regarding the division of this property. She stated County policy does not normally approve long accesses, or lack of water. Ms. Johnson submitted a letter and map, marked Exhibit B, which she received from the Central Weld County Water District, dated May 7, 1999, stating water service will not be made available until certain requirements are met and there will need to be an eight inch water line is required for the distance of three or four miles. Ms. Johnson stated this proposal conflicts with the surrounding uses and will change the density from one buildable lot to three. Mr. Miller stated he owns a cattle feeding business located across Weld Counly Road 35 to the east, which he has run since 1965. Mr. Miller stated he employs 40 individuals and the operation has received few complaints during the years of operation, and he purchases approximately $12 million worth of feed from surrounding farmers. Mr. Miller stated Mr. Schneider's development is located on agricultural land; however, Mr. Schneider did not purchase irrigation water, which will result in weeds and blowing sand. He further stated if Mr. Schneider does receive water from the Central Weld County Water District, it will be to expensive to use for irrigation. Mr. Miller gave a brief description of the surrounding uses which are opposed to the development, and expressed concern with a rumor that future purchasers are being told the cattle feeding business is going out of business. He stated he has no intention of selling his business and people purchasing the lots across from his property thinking the cattle will be removed will soon be filing odor complaints. In response to Commissioners Baxter and Geile, Mr. Miller indicated the location of the surrounding residences and stated the residences are mainly served by the Central Weld County Water District and private wells; however, there is little water pressure during the summer during peek periods. Responding to Commissioner Kirkmeyer, Mr. Miller stated his property is approximately one and one-half miles from the Town of LaSalle and he has received a few complaints in the past during the wet season. Responding to further questions from Commissioner Kirkmeyer, Mr. Barker reiterated the Board cannot reverse the staff approval which indicates the applicant met Sections 11.4.2.1 through 11.4.2.6 of the Subdivision Ordinance, and the only purpose of this hearing is to consider Condition of Approval #2.B. In response to Commissioner Baxter, Ms. Chester stated Condition of Approval #2.H.4 allows the applicant one year to obtain adequate water service. Responding to Commissioner Geile, Ms. Chester stated the Right To Farm Covenant will be recorded on the plat. Mr. Miller stated he is aware of the Covenant; however, its presence on the plat does not forbid the property owners from filing law suits. Minutes, May 10, 1999 991045 Page 4 BC0016 In response to Commissioner Kirkmeyer, Ms. Chester explained the one-acre rectangle on the southeast corner of the property was created prior to 1972 and was not buildable due to setback requirements. Mr. Schneider stated he paid to have the area tested and the Central Weld County Water District approved three new taps. He explained he rents water from the property to the south, he understands the concerns of the agricultural community, and his proposal has helped to improve the Union Ditch access. Commissioner Baxter expressed concern that the rented water is not guaranteed. In response to Chair Hall, Mr. Schneider stated there are adequate water lines in the area, and he has already been granted three taps if the requirements are met. In response to Commissioner Geile, Mr. Schneider indicated regardless of the letter submitted by Ms. Johnson, he did pay to have the pressure tested and he was told three taps could be made available. Commissioner Kirkmeyer stated that although the Board has concerns with the development,they can only consider Condition of Approval#2.8 concerning placement of the access, and added the applicant has had it surveyed and it appears to be adequate. In response to Chair Hall, Mr. Barker stated if the Board does not amend the condition, the Recorded Exemption is already approved creating three buildable lots for which building permits cannot be issued. Mr. Barker further stated if the amendment is granted, the water issue will still be considered before issuance of building permits. Responding to Commissioner Kirkmeyer, Mr. Barker stated the Condition requiring proof of adequate water cannot be placed prior to recording the plat, because the Division of Water Resources requires the plat be recorded prior to issuance of its permit. Monica Mika, Director of Planning Services, confirmed the Division of Water Resources will not issue its water permits until the Recorded Exemption is approved and recorded. In response to Commissioner Kirkmeyer, Mr. Barker stated the Conditions of Approval cannot be amended or moved due to the previous approval by staff and the Board needs to make a determination only on Condition of Approval #2.B. Commissioner Baxter moved to amend Condition of Approval#2.B because the survey indicates there is room for the access. Commissioner Vaad seconded the motion. Commissioner Geile commented the real estate community needs to fully disclose the Right To Farm Covenant within the contract for purchasing the property. Commissioner Vaad commented proposal raises many concerns regarding the water supply; however he supports the motion based only on Condition of Approval #2.B. The motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #206 was approved on an emergency basis. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, May 10, 1999 991045 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:20 a.m. BOARD OF COUNTY COMMISSIONERS COUNTY, COL RADO ATTEST: �.,.;� E n 4 V Da)* K. Hall, Chair 7/ Weld Count r t e Boa• � r ��J Y. 1 Barbara J. Kirkmeye , Pro-Tem O BY: � S_ -_�. �� 'Deputy Clerk to the Board � U N°IA �r—Cii Geor E. ter . J. ile Glenn Vaal" — Minutes, May 10, 1999 991045 Page 6 BC0016 Hello