The URL can be used to link to this page

Browse Search

Home My WebLink About980491.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 30, 1998 TAPE #98-08 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, March 30, 1998, 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 Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall - EXCUSED Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol A. Harding Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of March 25, 1998, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on March 25, 1998, as follows: 1)A Site Specific Development Plan and Special Review Permit #1178, Russell and Patricia Martinson. Seconded by Commissioner Webster, the motion carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 980491 Cf-c /0 Co/!�S BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 198,406.79 Electronic Transfers -All Funds $1,757,572.72 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE THE CHAIR TO SIGN -MRS LEO K WARDMAN, DBA LEO'S HUT: Bruce Barker, County Attorney, stated Deputy Ron Richardson indicated he has no concerns with this renewal. Commissioner Webster moved to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR PROFESSIONAL CONSULTATION/TRAINING FOR WELD COUNTY JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Nancy Haffner, District Attorney's Office, explained this is a contract for Dr. Russ Johnson to provide psychotherapeutic counseling for the Juvenile Diversion Program. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE CHAIR TO SIGN -CITY OF DACONO: Mr. Barker explained this is the standard agreement normally used when providing jail services to municipalities. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PROPOSED ROAD IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WILLIAM KOBOBEL: Drew Scheltinga, County Engineer, stated he received the Long-Term Road Maintenance and Improvements Agreement by Fax on Friday, with William Kobobel's signature. Since the document was difficult to read, he had staff retype the agreement. He also explained the breakdown of costs on the first page, and indicated Mr. Kobobel will pay 72% and the County will pay 28%. Mr. Scheltinga stated the County will complete the paving by July 1, 1998, and Mr. Kobobel will reimburse the County in two equal payments due on July 15, 1998, and October 15, 1998. In response to Commissioner Kirkmeyer, Mr. Barker explained the County's only course of action in the event of non-payment by Mr. Kobobel, is to proceed with a Probable Cause and Show Cause Hearing to determine whether to revoke his permit. Commissioner Kirkmeyer suggested changing the first payment due date to June 30, 1998, or obtaining collateral from Mr. Kobobel. After further discussion, Commissioner Kirkmeyer moved to approve said agreement and Minutes, March 30, 1998 980491 Page 2 BC0016 authorize the Chair to sign, with changes to indicate the first payment will be received before completion of the project, or appropriate surety will be presented by Mr. Kobobel. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 3 BETWEEN STATE HIGHWAY 66 AND WELD COUNTY ROAD 32: Commissioner Webster moved to approve said closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 396 BETWEEN WELD COUNTY ROAD 33 AND GRANJERO ROAD: Commissioner Baxter moved to approve said closure. The motion, which was seconded by Commissioner Webster, carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 45 BETWEEN WELD COUNTY ROAD 45 AND STATE HIGHWAY 34: Commissioner Webster moved to approve said closure. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER AGREEMENT TO PROVIDE MUTUAL AID AND AUTHORIZE CHAIR TO SIGN - LIFE CARE MEDICAL, INC.: Gary McCabe, Ambulance Director, explained said agreement with Life Care Medical, Inc., previously Logan County, delineates boundaries and services provided by the two agencies. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - HALL AND EVANS, LLC: Mr. Barker explained an individual filed three separate lawsuits, leaving him in a position of conflict when trying to defend all three; therefore he requests approval of special counsel be approved for Civil Action No. 97-CV-653. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENTS TO THE BUILDING TRADES ADVISORY COMMITTEE: Commissioner Webster moved to approve said appointment and reappointments. The motion, which was seconded by Commissioner Baxter, carried unanimously. PLANNING: FINAL READING OF ORDINANCE#147-N, IN THE MATTER OF AMENDING THE WELD COUNTY COMPREHENSIVE PLAN: Commissioner Baxter moved to read Ordinance#147-N by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the title of said Ordinance into the record. Monica Mika, Director of Planning Services, stated no additional comments have been received since second reading, and reiterated the property is contiguous to the existing MUD boundaries. Gary Tuttle, applicants representative, was present to answer questions from the Board. Responding to Commissioner Kirkmeyer, Mr. Barker stated the legal description was Minutes, March 30, 1998 980491 Page 3 BC0016 corrected after first reading. Virginia Shaw, representing the St. Vrain Rural Impact District, read a letter with questions and concerns of the group. Commissioner Kirkmeyer answered the questions, stating Mead did make comments on this proposal; this is a Change of Zone process, not a major development approval; the applicant plans to leave the site in farming at this time; and, again, Mead has already commented on this matter through a letter dated December 11, 1997. Ms. Shaw questioned why this is not brought before the voters, and Commissioner Kirkmeyer stated the applicant can petition for annexation at any time; however, right now he is keeping all options open. Commissioner Baxter stated this is a change in the conceptual plan, not approval of a specific development. Chair Harbert also stated it is not a development plan, therefore the figures of growth, etc., cannot be considered. To clarify, Ms. Mika stated the applicant was asked to indicate the intensity to which the property might be developed in the future, and that is where the 900 residences comes from. Mr. Tuttle stated the property is not being developed at this time, neither is it for sale. He stated the applicant understands he has not right to develop at this time and has requested inclusion in the MUD because of the sewer line which was placed across his property. Commissioner Kirkmeyer moved to approve Ordinance#147-N on final reading. Seconded by Commissioner Webster, the motion carried unanimously. FINAL READING OF ORDINANCE#191-B, IN THE MATTER OF AMENDING THE WELD COUNTY MIXED USE DEVELOPMENT (MUD) PLAN: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Baxter, the motion carried unanimously. Mr. Barker read said title into the record. Ms. Mika stated this is the same change discussed in the preceding matter and indicated the map is also in the MUD plan, therefore, Ordinance#191-B also needs to be amended. There was no public testimony given. Commissioner Kirkmeyer moved to approve Ordinance#191-B on final reading. Seconded by Commissioner Webster,the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances#147-N and #191-B were approved on final reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, March 30, 1998 980491 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS fWEI29 COUNTY, COLORADO �x2IATTEST: r�- Z'�' .a C �r.Z.OL Constance L. Har rt, Chair Weld Count I kg ,( 2411 OfAx § W. H. Webster, ro-Tem �L BY: Deputy Clerk o h rd � eorge,axter EXCUSED Dale K. Hall jfa146! Lzit1 �,2 _ arbara J. Kirkmeyer I Minutes, March 30, 1998 980491 Page 5 BC0016 Hello