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Home My WebLink About950078.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 18, 1995 TAPE #95-02 AND #95-03 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, January 18, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter 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 Harbert moved to approve the minutes of the Board of County Commissioners meeting of January 16, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: BIDS: General Fund Payroll Fund Handwritten Warrants: Payroll Fund $ 346,106.34 $ 3,165.39 $ 299.22 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. PRESENT 1995 SHOT ROCK- PUBLIC WORKS DEPARTMENT: Mr. Warden stated one bid was received from Colorado Lein Company at $14.40 per ton using vendor's loader and trucks or at $7.90 per ton using vendor's loader and County trucks. He stated the bid will be considered for approval on February 1, 1995. 950078 BC0016 BUSINESS: NEW: CONSIDER AMENDMENT #1 TO AIDS EDUCATION CONTRACT BETWEEN THE WELD COUNTY HEALTH DEPARTMENT AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, explained this amendment allows the continuation of the AIDS Education Program. He explained the State is funding only the first half of the year, and a decision concerning efficiency will be made on the remainder of the year's funding. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chairman to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN THE WELD COUNTY HEALTH DEPARTMENT AND THOMAS FLANAGAN AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated this agreement will provide for a consultant pharmacist on staff for periodic audits, general staff consultations, and review of protocol. He stated this matter was put out to bid and Mr. Flanagan will provide the most cost effective services. Commissioner Kirkmeyer moved to approve this agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Webster, carried unanimously. CONSIDER CONTRACT RENEWAL LETTER NO. 1 FOR CHLAMYDIA TESTING BETWEEN THE WELD COUNTY HEALTH DEPARTMENT AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated this renewal is for chlamydia testing, and the contract pays for the lab work done as backup to the Family Planning Clinic and STD Clinic. Commissioner Baxter moved to approve said renewal letter and authorize the Chairman to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER SUPPORT SERVICES RENEWAL AMENDMENT BETWEEN WELD COUNTY EMPLOYMENT SERVICES AND INVEST LEARNING CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Human Services Director, stated this renewal agreement is for on -going support services for 22 student workstations located in the learning lab at the Division of Human Services and maintenance of the hardware on six stand-alone workstations. The total cost of the agreement is $7,875.00. Commissioner Baxter moved to approve said amendment and authorize the Chairman to sign. The motion was seconded by Commissioner Harbert, and it carried unanimously. CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR JTPA TITLE II -A AND II -C FUNDS BETWEEN THE WELD COUNTY EMPLOYMENT SERVICES AND THE GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman stated $31,815.78 will be provided for outstanding performance and will be utilized to support administrative needs in the JTPA Title II -A and II -C programs. He noted last year's amount was almost the same. Commissioner Webster moved to approve said request and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE SMALL TRACT OIL AND GAS LEASE WITH GERRITY OIL AND GAS CORPORATION - SE 1/4 SW 1/4 AND SW 1/4 SE 1/4, S30, T5N, R63W: Bruce Barker, County Attorney, noted this item and the following two items concern the same properties and explained where they are located. He said the parcel under this lease is 1.7985 acres, and Gerrity will place tank batteries on the property as part of a greater pooling of the two Rothe Wells. He stated the two oil and gas leases together will be approximately five acres, and the amount for this lease is $179.85. Commissioner Webster moved to approve said oil and Minutes, January 18, 1995 950078 Page 2 BC0016 gas lease, and Commissioner Baxter seconded the motion. Mr. Barker suggested the motion include waiving the bid procedure, and Commissioners Webster and Baxter agreed to amend said motion, which carried unanimously. CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE SMALL TRACT OIL AND GAS LEASE WITH GERRITY OIL AND GAS CORPORATION - SE 1/4 SW 1/4 AND SW 1/4 SE 1/4, S30, T5N, R63W: Mr. Barker stated this lease is for 4.1314 acres and is in the amount of $413.14. Commissioner Kirkmeyer moved to waive the bid procedure and approve said lease. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER SURFACE USE AGREEMENT WITH GERRITY OIL AND GAS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN - SE 1/4 SW 1/4 AND SW 1/4 SE 1/4, S30, T5N, R63W: Mr. Barker explained this agreement is to allow placement of the tank batteries, flow line, and an access road. Said agreement is in the amount of $1,500.00 and is for surface use of 5.7 or 5.8 acres. He stated the two adjacent landowners, Monfort and Rothe, were notified and are both in favor of the agreement. Mr. Barker also stated Public Works does not need the area for transportation and noted an indemnification paragraph had been included in the agreement at his request. Commissioner Baxter moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Webster, carried unanimously. CONSIDER RESOLUTION RE: ESTABLISH PETTY CASH FUND - PUBLIC WORKS DEPARTMENT: Mr. Warden stated Claud Hanes, Comptroller, has examined this request, and the fund will cover very small items and eliminate the transferring of reimbursements through inter -office mail. Commissioner Harbert moved to approve said request, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER JOINT APPOINTMENT TO GREELEY-WELD COUNTY AIRPORT AUTHORITY: Chairman Hall stated Sid Wilke will be appointed as a joint airport commissioner, with a term expiring December 31, 1998. Commissioner Baxter moved to approve said appointment. Chairman Hall interjected the appointment was approved by the Airport Authority Board. Commissioner Webster seconded the motion, and it carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 61 AT WELD COUNTY ROAD 380 AND WELD COUNTY ROAD 388 AT WELD COUNTY ROAD 59 FOR BRIDGE REPLACEMENT: Commissioner Webster moved to approve said closures, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RENEWAL OF 3.2% BEER RETAIL LICENSE FOR CONO- SERVICES, INC., DBA CONOCO #06394, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated no violations were reported in the past year concerning this establishment. Commissioner Webster moved to approve said renewal and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER CHANGE IN CORPORATE STRUCTURE FOR CONO-SERVICES, INC., DBA CONOCO #06394, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated this item, as well as the following item, concern changes in the corporate structure of two establishments which hold liquor licenses. He stated the changes include two new officers and a new director and recommended approval. Commissioner Kirkmeyer moved to approve said change and authorize the Chairman to sign. Commissioner Webster seconded the motion, which carried unanimously. Minutes, January 18, 1995 950078 Page 3 BC0016 CONSIDER CHANGE IN CORPORATE STRUCTURE FOR CONO-SERVICES, INC., DBA CONOCO #06355, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained this matter in the previous item of business. Commissioner Kirkmeyer moved to approve said change and authorize the Chairman to sign. Commissioner Webster seconded the motion, which carried unanimously. PLANNING: CONSIDER INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WELD AND TOWN OF WINDSOR CONCERNING WAIVER OF BUILDING PERMITS AND FEES FOR WASTEWATER TREATMENT FACILITY AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison, Assistant County Attorney, stated this agreement is specific to the wastewater treatment project for the Town of Windsor and places the burden for inspections back on the Town. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER ANNEXATION TO TOWN OF SEVERANCE - WRIGHTS #1-4: Mr. Morrison explained the Town of Severance initiated the request for this annexation petition which includes a portion of Weld County Road 74 west of Town and establishes a pole for annexation of the parcel. He noted the petition would be appropriate without the Board's signature; however, the Town chose to request the Board formally participate. Mr. Morrison stated staff has reviewed the proposal and he has attached a memo concerning the need to minimize conflicts with nearby agricultural uses and the need for further analysis of the suitability of the area for septics. He stated the petition can be amended to accommodate the needs and allow the Board to withdraw the petition if the conditions are not met. Responding to questions from the Board, Mr. Morrison clarified notification of the "right -to -farm" covenant should be required on the subdivision plat; engineered study of soils and geologic conditions representative of the entire subdivision should be provided, as detailed in Paragraph #1 in a memo dated January 12, 1995, from Trevor Jiricek, Health Department; and an additional paragraph should be added stating if said conditions are not met, the Board can withdraw the petition. Mr. Morrison then referred to a map detailing the Wright Fourth Annexation and explained the jog in the annexation was correct according to Intermill Land Surveying, Inc. so as not to create a gap between the existing Town limits and the proposed annexation of the road. He answered further questions from the Board, and Don Hoff, Town of Severance's Attorney, explained the boundary has been reviewed by an engineer and the Town will make sure the annexation is contiguous to the Town. He noted the annexation is bypassing one landowner in the northwest corner whose property contains a feedlot. Responding to further questions from the Board, Mr. Morrison reiterated the Town chose the direct route and wants the County to agree with the annexation, not just comment on it. Mr. Hoff stated the approach is more conservative to avoid potential problems and noted two landowners with concerns are present today and have attended all meetings. He noted an annexation has not been done in Severance since 1976 and they are now trying to establish a procedure so there is no room to challenge the annexation at a later date. Mr. Hoff agreed the sample language concerning the conditions submitted by Mr. Morrison is entirely appropriate and more engineering studies are acceptable. Ken Wright, landowner, stated 20 additional houses are proposed on the property. Responding to questions from Commissioner Harbert, he stated his next step is to contact the school and fire districts. Keith Kline, Mayor of Severance, reported the Town currently contracts with the Sheriffs Office; however, he is contacting other towns, as well as considering the possibility of hiring its own police protection. He stated the annexation falls within the Urban Growth Boundary and is going south and west in conjunction with the Town of Windsor. Mr. Kline confirmed Windsor does have its own wastewater treatment plant; Minutes, January 18, 1995 950078 Page 4 BC0016 however, Severance is not hooked to it due to conflicts with the railroad right-of- way which would have to be tunneled under. He responded the Town would place the burden on the developer for such a facility; however, a high -density subdivision would be required to pay for sewer, and that is not desirable. Mr. Wright stated the proposal is for twenty, 2 1/2 -acre lots on 60 acres and confirmed the area is to be rural, not high -density. Micky Lewis, surrounding property owner, stated concerns about water quality since septic systems will be used in a low area where the water table is high. She voiced other concerns about eventually being forced to annex and pay taxes and fees on services made available. Ms. Lewis also stated concerns about high nitrates and fugitive dust becoming problems and affecting her cattle business. Mr. Morrison stated he believes the property must be surrounded before it is forced to annex, and Ms. Lewis answered questions from the Board. Mr. Morrison stated provisions in the annexation law allow one to seek to be removed from the Town after five years if no municipal services have been received. Ms. Lewis stated she, too, is trying to prevent future problems. Peggy Johnson, surrounding property owner, stated her property is between the Town and the proposed annexation and voiced concerns similar to Ms. Lewis about her cattle and forced annexation. She also stated concerns about increased taxes and property value protection and noted her property is not in the flood zone. Mr. Hoff and Mr. Morrison clarified the annexation provisions and confirmed 51 percent of a vote would be required to force annexation. Mr. Hoff clarified it is uncertain where the floodplain lies and confirmed Ms. Johnson's property would not be good for development. He responded to Commissioner Harbert that a sewer line would not be financially practical at this time and stated recourse would be available if the cattle owners could prove the subdivision has caused any damages; however, the impact on the water quality from a 22 -house subdivision will be insignificant. Mr. Hoff stated the existing sewer system is supported by sewer revenues and confirmed only the people on the system pay fees. He clarified only sanitation districts have the right to enforce taxes and there is no intention of forming such a district. Mr. Hoff further responded that the dust problem should be minimal and the zoning has not yet been determined. Commissioner Harbert requested the zoning be included in the Town's Zoning Ordinance as well as the covenants. Mr. Hoff stated the proposed annexation agreement allows one large animal unit per lot and two medium animal units per lot. Mr. Morrison clarified the Board actually needs to sign the petition, including the additional amendment that incorporates the conditions. Mr. Barker stated the resolution would detail the conditions and Item #9 would be included to the petition concerning the Board's right to withdraw the petition if the conditions are not met. Commissioner Webster so moved and stated he appreciated the Town of Severance coming to the Board first for its approval. He also stated the area is ideally suited for annexation and development. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER REQUEST FROM GATEWAY DEVELOPMENT, INC. FOR RELEASE OF COLLATERAL FOR AMENDED USR #933 - CONSOLIDATED FREIGHTWAYS: Keith Schuett, Planning Department, explained this Permit was approved requiring a bond be posted for $1200.00 for site reclamation. He stated the permit holder has completed the reclamation, which has been reviewed by the Engineering Department, and recommended release of said bond. Commissioner Baxter moved to approve said request, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER MHZP #187 - FOOTE: Shani Eastin, Planning Department, stated the applicant failed to obtain 70 percent of the surrounding property owners' signatures; therefore, this matter must be heard by the Board. She read staffs recommendation for approval, including six Conditions of Approval, into the record. Responding to questions from the Board, Ms. Eastin stated she Minutes, January 18, 1995 950078 Page 5 BC0016 believes a few of the property owners were out of State when the applicant was trying to obtain signatures. She noted the applicant is working with the Colorado Department of Transportation (CDOT), and it will be possible for him to obtain access. Dennis Foote, applicant, stated he has a 1995 double -wide mobile home, which he plans to set down 22 inches with a crawl space. He confirmed he is to meet with Gloria from CDOT tomorrow morning to locate the access, Morgan County REA has a pole east of the property in the field, and the well and septic permits have been approved. He explained one owner in the area is a corporation and owns six properties and he has not been able to contact them through the Assessor's Office or the realtor. Mr. Foote confirmed he is aware of and agreeable to all the Conditions of Approval and commended Ms. Eastin for her assistance. No public testimony was offered. Commissioner Kirkmeyer moved to approve MHZP #187, with the Conditions of Approval. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER CONFIRMATION OR REPEAL OF ZPMH #1937 - NAUGHTON: Mr. Barker explained this request was previously approved; however, the surrounding property owners were not properly notified. He stated the Board's decision today should be to confirm or repeal the approval. Ms. Eastin clarified staff failed to notify the property owners by mail and the case was previously approved by the Board on January 4, 1995. Bill Naughton, property owner, stated he would like to the request approved and noted there are trailer houses on both sides of the property. No public testimony was offered. Mr. Barker reiterated confirmation of the action taken on the 4th of January, 1995, is necessary. Commissioner Kirkmeyer 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. 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. There being no further business, this meeting was adjourned at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY e1u_Plux fr h .� Deputy ClerkLth the Board WELD COUNTY, COL •' ' D Barbar ,,J. Kirkmeye V l,. George E. Baxter Constance L. Harb rt W. H. Webster Minutes, January 18, 1995 Page 6 GAG 950078 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JANUARY 18, 1995 TAPE #95-03 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services 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, January 18, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: WARRANTS: ATTEST: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of January 16, 1995, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by the Board in the amount of $45,974.46. Commissioner Harbert moved to approve the warrants as presented by Ms. Miller. 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 10:15 a.m. APPROVED: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY- 5Sc1 JiJI U��. Deputy Cler o the Board WELD COUNTY, CsLODO Dale K. Hall, Chairman J. Kirkmey f, Pro-Te /George/Baxter Constance L. Harbert 3 7) W. H. Webster 950078 BC0016 Hello