HomeMy WebLinkAbout981982.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 12, 1998
TAPE #98-27
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,
October 12, 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
Commissioner Barbara J. Kirkmeyer
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 Webster moved to approve the minutes of the Board of County
Commissioners meeting of October 7, 1998, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
READ ORDINANCE
BY TAPE: READ ORDINANCE #200 BY TAPE: Commissioner Baxter moved to read
Ordinance #200 by tape. Commissioner Hall seconded the motion, which
carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on
October 7, 1998, as follows: 1) A Site Specific Development Plan and Special
Review Permit#1195, Bella Holsteins%Gary Henrickson (Con't from 09/30/98).
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
• 981982
f/)9Ltz ti/ .1"-J� BC0016
PRESENTATIONS: 1997 DRIVERS SAFETY AWARD -WELD COUNTY HEALTH DEPARTMENT:
Chair Harbert read a certificate and presented a trophy recognizing the Weld
County Health Department for having no auto accidents for the past two years.
John Pickle, Director of Health Department, was present to receive said award.
COMMISSIONER
COORDINATOR
REPORTS: There were no Commissioner Coordinator Reports.
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 $1,467,745.34
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
BUSINESS:
NEW: CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE FOR
MRS. LEO K. WARDMAN, DBA ROCKPORT INN AND AUTHORIZE CHAIR
TO SIGN: Bruce Barker, County Attorney, stated Deputy Ron Richardson
expressed no concerns regarding this renewal application. Commissioner
Webster moved to approve said renewal and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER WAIVER CONTRACT FOR YOUTH CRIME PREVENTION AND
INTERVENTION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt
Speckman, Director of Human Services, stated this contract will provide $50,000
to provide services, such as GED preparation, and improving essential work
skills in reading, math, and writing. Commissioner Baxter moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Hall the
motion carried unanimously.
CONSIDER SUBORDINATION AGREEMENT FOR DEED OF TRUST AND
AUTHORIZE CHAIR TO SIGN - ALTERNATIVE HOMES FOR YOUTH: Mr.
Barker stated in September, 1995, the Board sold property in the Weld County
Business Park to Alternative Homes for Youth, Inc. (AHY). He explained the
Deed of Trust is subject to an existing note and deed held by Colorado National
Bank. Mr. Barker stated AHY refinanced to get a better interest rate and is
requesting the Board subordinate its Deed of Trust in favor of a note and deed
of trust for their new lender, Northwest Bank Colorado, N.A. Commissioner
Webster moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER QUIT CLAIM DEED FOR PORTION OF VACATED RIGHT-OF-
WAY AND AUTHORIZE CHAIR TO SIGN - CASS FARMS COMPANY: Mr.
Barker explained in 1995, the Board signed an agreement requiring the vacated
right-of-way as described in said agreement be deeded to Cass Farms Company
once they obtained ownership of Lot B of Recorded Exemption (RE) #583. He
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stated the right-of-way described is abandoned Union Pacific railroad right-of-
way which was deeded to Weld County in 1976 and vacated in 1991. Mr. Barker
stated Cass Farms Company obtained Lot B of RE#582 on July 17, 1998, and
recommended approval of the Quit Claim Deed for said portion of right-of-way.
Commissioner Webster moved to approve said deed and authorize the Chair to
sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER CLOSING DOCUMENTS FOR KOENIG AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - GROUND WATER MANAGEMENT
SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY
DISTRICT: Lee Morrison, Assistant County Attorney, stated the Board
previously entered into an agreement stating the Central Colorado Water
Conservancy District will acquire the Koenig Pit, lease back the minerals to the
County, and then develop the area as a reservoir. The past agreement also
gives the County the option to use storage space within the reservoir. Mr.
Morrison requested the Board approve a warranty deed for the gravel pit area
and a mineral lease to regain the mineral rights for mining gravel. He stated he
is also finalize a special warranty deed to convey either one share of Lupton
Bottoms Ditch Company or an equivalent amount of Lupton Meadows Ditch
Company shares to Central Colorado Water Conservancy District. Mr. Morrison
explained additional documents, such as, existing well permits and a temporary
supply plan, may be required to facilitate the closing. Commissioner Baxter
moved to approve said documents and authorize the Chair to sign. Seconded
by Commissioner Webster, the motion carried unanimously.
CONSIDER LEGACY PROJECT GRANT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN: Mr.Warden stated this agreement is among Weld County and
nine other entities concerning 2.5 miles of the Poudre River Trail on Kodak
property. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER POUDRE/BIG THOMPSON RIVERS LEGACY PROJECT
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN:
Commissioner Hall moved to approve said memorandum of understanding and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER EMERGENCY ORDINANCE #200, IN THE MATTER OF
AUTHORIZING THE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS,
SERIES 1998 FOR GSSLB ASSOCIATES I: Mr. Warden stated the principal
amount of the bonds is$2,020,000 and the maximum net effective interest rate
of the bonds is five percent. Mr. Warden also read the Maturity Schedule
amounts for the record. Bill Gorham, Kutak Rock, stated the bonds are an
obligation of GSSLB Associates I, a joint venture consisting of the Evangelical
Lutheran Good Samaritan Society and the Lutheran Brotherhood Heritage
Properties Foundation, as required by the State. Mr. Gorham stated these bonds
will finance the acquisition, construction, improvement and equipping of a senior
care center designed for independent living until assisted living is needed. He
further stated the center will be located on the Bonnell Care Center campus.
There was no public input concerning this matter. Commissioner Hall moved to
Minutes, October 12, 1998 981982
Page 3 BC0016
approve Ordinance#200 on an emergency basis. Seconded by Commissioner
Webster, the motion carried unanimously.
PLANNING: CONSIDER RE#2300 -VUE AND LO: Sheri Lockman, Department of Planning
Services representative, explained the applicants purchased the southeast
quarter of Section 24, minus a small three-tract, one-acre parcel, and have
requested a Recorded Exemption on 119 acres, which is divided by the Bull
Canal creating two legal parcels. She stated Yongge Vue, applicant, purchased
a majority of the property and his brother, Yia Lo, has one-quarter interest in the
property and wishes to own Lot A of this RE. Ms. Lockman stated this proposal
is not consistent with efficient and orderly development because the proposed
access will cross over two separate parcels and an irrigation ditch. She further
stated the applicants are proposing a 34.9 acre parcel in the middle of
agricultural farm ground and intend to build a home in the middle of Lot A which
does not promote conservation of prime agricultural farm ground. Ms. Lockman
stated although Mr. Lo owns one-quarter of the intererst of this property, this
does not justify a recorded exemption. She further stated an exemption is not
necessary because there are two existing buildable lots. Ms. Lockman
recommended reducing Lot A and placing it adjacent to Weld County Road 13,
as well as placing the building envelope for Lot B west of Lot A to use a common
access from Road 13. She stated the applicants have indicated they do not wish
to alter their proposal. In response to Commissioners Baxter and Hall, Ms.
Lockman stated this land is not irrigated and gave a brief explanation of her
proposal to move Lot A and the building envelope for Lot B to share an access.
Responding to Commissioner Baxter Ms. Lockman stated this property has
historically been used for raising dryland wheat. Commissioner Kirkmeyer
clarified the geohazard area indicates an area which often floods. In response
to Commissioner Kirkmeyer, Ms. Lockman stated the applicants wish to access
Lot A from Weld County Road 6 and indicated the location of the abandoned
railroad tracks on the overhead. Responding to Commissioners Hall and
Kirkmeyer, Ms. Lockman stated she has not received a response from the
owners of Bull Canal concerning permission to cross their property and has not
spoken with the Public Works Department regarding an access to the site from
Weld County Road 13. She further stated the applicant is working to obtain
public water. Commissioner Kirkmeyer commented if the RE is approved, there
will be three buildable lots. Ms. Lockman stated the applicants justify this
request by stating Mr. Lo purchased one-quarter interest and he wishes to own
one-quarter of the property.
Mr. Vue stated he and his brother purchased this property and his brother wishes
to own one-quarter of the land he purchased. In response to Commissioner
Baxter, Mr. Vue stated his brother chose to locate his home north of the Canal
to avoid the noise and traffic of Weld County Road 6. He further stated they
intend to continue raising dryland wheat. Responding to Commissioner
Kirkmeyer, Mr. Vue stated he has not contacted the owners of Bull Canal
regarding their proposed access to Lot A. He added the reason they chose to
access from Weld County Road 6 is they prefer to access a paved road.
Commissioner Kirkmeyer commented she would prefer they access from Weld
County Road 13 which has less traffic and would not require them to cross two
separate parcels and Bull Canal. Mr. Vue stated are willing to move their
access.
Minutes, October 12, 1998 981982
Page 4 BC0016
Mr. Lo gave a brief background of their family's origin and stated he would like
to build away from the road where it is quieter and his family won't be bothered.
In response to Chair Harbert, Mr. Lo stated prior to purchasing the land, they
unofficially agreed to give the land south of the canal to their sister and brother-
in-law, so they will alter their proposal only as a last resort. Chair Harbert
commented although they unofficially agreed to divide the land with their sister,
legally they own all of it. Responding to Commissioners Hall and Baxter, Mr. Lo
stated he is willing to access his property from Weld County Road 13 if
necessary and he intends to build his home there and farm the remaining land.
In response to Commissioner Kirkmeyer, Mr. Lo stated he is waiting to apply for
a well permit until he knows if the exemption is approved. In response to
Commissioner Kirkmeyer, Mr. Barker recommended replacing Condition of
Approval #2.C with Condition #2.H.4 and deleting the first sentence.
Commissioner Kirkmeyer clarified public water is not located in the vicinity of the
site. Responding to Commissioner Hall, Ms. Lockman stated she has discussed
the Conditions of Approval with the applicants, who indicated they agree with the
proposed Conditions. Commissioner Kirkmeyer clarified Condition #1 requires
they indicate the location of building envelopes. Mr. Vue stated if he builds a
home, he will locate it south of the canal. In response to Mr. Barker, Ms.
Lockman stated the right-of-way for the canal is deeded. Following discussion,
Scott Ballstadt, Department of Planning Services representative, stated it was
explained that there are two buildable lots; however, Mr. Lo wants to own his own
land. Responding to Chair Harbert, Mr. Lo stated the middle of the property has
a nice view; however, he is willing to build in the southwest corner of Lot A if
necessary. There was no public input concerning this matter.
Commissioner Hall moved to approve Recorded Exemption #2300 with the
Conditions of Approval as submitted by staff, and changing the first sentence of
Condition#2.B to state, "A 30-foot wide joint access easement extending across
the parcel from Weld County Road 13, for the benefit of both Lots A and B, shall
be clearly shown of the plat.", and replacing Condition of Approval #2.C with
Condition #2.H.4 as discussed above. Commissioner Baxter seconded the
motion, which carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance#200 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, October 12, 1998 981982
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WEW COUNTY, COLORADO
ATTEST:
Consta L. Harbe Ch
Weld County Clerk to' e
13
l'•
W. H. bst r, Pro-Tem
BY: .a '. .✓ .%
Deputy Clerk to th I u
orge . Baxter
aeK. all
Barbara J. Kirkmeyer
Minutes, October 12, 1998 981982
Page 6 BC0016
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