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Home My WebLink About960210.tiff RECORD OF PROCEEDINGS MINUTES • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 21, 1996 TAPE #96-06 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, February 21, 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 February 14, 1996, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Harbert moved to approve the hearings conducted on February 13, 1996, as follows: 1) Violation Hearings. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. PUBLIC INPUT: No public input was offered. WARRANTS: This item was held until the end of the meeting. BIDS: PRESENT CATTLE GUARDS - PUBLIC WORKS DEPARTMENT: Pat Persichino, Director of General Services, read the name of the sole bidder into the record and stated said bid will be considered for approval on March 6, 1996. 960210 BC0016 PRESENT 1996 STEEL BID- PUBLIC WORKS DEPARTMENT: Mr, Persichino read the names of the bidders into the record and stated said bid will be considered for approval on March 6, 1996. • BUSINESS: NEW: CONSIDER AGREEMENT FOR WELD COUNTY YOUTH CONSERVATION CORPS, AMERICORPS PROGRAM, BETWEEN EMPLOYMENT SERVICES AND LARIMER COUNTY EMPLOYMENT AND TRAINING SERVICES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Human Services Director, stated this agreement is a result of a collaborative grant proposal submitted by Larimer County Employment and Training Services and Weld County ' Employment Services to operate the AmeriCorps Program. He reviewed the various community projects and noted funding is $101,356.00, and the period of performance is November 10, 1995, through November 10, 1996. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER TWO QUIT CLAIMS DEEDS FOR OIL AND GAS RIGHTS TO PRESENT OWNERS AND AUTHORIZE CHAIR TO SIGN - W%W'/ S28, T6N, R64W AND E''Yz S4, T5N, R64W: Lee Morrison, Assistant County Attorney, explained this request was based on the contention that Weld County does not hold mineral rights on the subject property. He further explained the two parcels were acquired for road purposes only and are partially used for that purpose. Mr. Morrison stated the deeds clarify the County does not claim any interest in the oil and gas under the strips of land described in each deed, with which he concurs. Commissioner Hall moved to approve said deeds and authorize the Chair to sign. Let the record reflect the following thirteen items of business were discussed and approved by one motion. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-1 -WELD COUNTY ROAD 32: Bruce Barker, County Attorney, stated the following thirteen items of business all include resolutions regarding local improvement districts. He explained all paid-off liens are listed on Exhibit A to each resolution, which will release said liens and then be recorded. Mr. Barker then made all releases of liens a matter of record. Commissioner Webster moved to approve all thirteen resolutions, and Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1988-1 - WELD COUNTY NORTHMOOR: This matter was approved with the previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-3 - WELD COUNTY ROAD 8: This matter was approved with a previous item of business. Minutes, February 21, 1996 960210 Page 2 BC0016 CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1993-1 - WELD COUNTY ARROWHEAD: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1989-2 - WELD COUNTY CASA GRANDE/ENCHANTED HILLS: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1993-2 - WELD COUNTY JOHNSON: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1989-3 - WELD COUNTY KNAUS: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1990-2 - WELD COUNTY BASSWOOD: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1986-1 - WELD COUNTY ANTELOPE: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1989-4 - WELD COUNTY ROAD 70/ANTELOPE HILLS: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-2 - WELD COUNTY ROAD 34: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-4 - WELD COUNTY ROAD 38: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1990-1 - WELD COUNTY 71ST AVENUE: This matter was approved with a previous item of business. Minutes, February 21, 1996 960210 Page 3 BC0016 CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1987-1 -WELD COUNTY INDIANHEAD: This matter was approved with a previous item of business. CONSIDER RESOLUTION RE: APPROVE RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1991-2 - WELD COUNTY ROADS 15 AND 84: This matter was approved with a previous item of business. PLANNING: CONSIDER RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL - WILLOW SPRINGS ESTATES, S #352 [PLANNER DUNN]: Gloria Dunn, Planning Department, stated Gene Habrock, Habrock Development Corporation, has requested release of collateral held by Weld County for improvements completed in Willow Springs Estates. She explained the streets were completed June 1995, and other required items have since been completed. Ms. Dunn noted the Public Works Department has completed an inspection and staff recommends the Board authorize release of the performance bond held and require Mr. Habrock to provide $4,304.00, or ten percent, warranty collateral to cover the street paving and retention pond within the subdivision. She further stated staff recommends the warranty collateral be held no less than four months and then become available upon request by Mr. Habrock and upon reinspection and final approval by the Public Works Department. Ms. Dunn noted Mr. Morrison and Don Carroll, Public Works Department, as well as Mr. Habrock, concur with this recommendation. Commissioner Baxter moved to approve said release of collateral and accept said warranty collateral. He stated he drove by the site and it looks very good. Commissioner Hall seconded the motion, which carried unanimously. FINAL READING OF ORDINANCE NO. 187, IN MATTER OF INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE AND AUTHORIZE CHAIR TO SIGN [PLANNING DIRECTOR MIKA]: Commissioner Hall moved to read said ordinance by title only, and Commissioner Harbert seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 187 into the record. Mr. Morrison reviewed the discussion held at the last meeting concerning this matter and pointed out the changes made. He noted further developments concerning the oil and gas issue, to which all reference was deleted, and discussion was held concerning the possible replacement of a certain Oil and Gas Commission regulation regarding notification to counties of drilling permits. Mr. Morrison explained residents within the Urban Growth Boundary Area of Platteville would then be allowed to require a consultation. He also referenced a letter from Molly Sommerville, representing the Oil and Gas Association and various oil and gas entities, requesting further clarification and additional language to Section 4.3(b) defining where a Special Review Permit and where annexation are required. Monica Mika, Planning Director, noted for the record the Planning Office has received no comments. She clarified changes to the map noting there are now only two boundary lines since the removal of the Urban Growth Boundary. Robert Thorson, Administrator for Town of Platteville, thanked the Board and staff for cooperating and stated he Minutes, February 21, 1996 960210 Page 4 BC0016 has no problems with the changes and is anxious to have said agreement signed. At the request of Mr. Morrison, Mr. Thorson stated the Town Board will review and approve said matter on Tuesday, March 5, 1996. Ms. Sommerville reiterated comments regarding the Special Review Permit clarification and the deletion of the oil and gas provisions, which may not work in other jurisdictions. She clarified her suggested addition to Section 4.3(b) and stated it is very likely the new Oil and Gas Commission rule will be adopted. Ms. Sommerville also thanked the Board for its efforts. Commissioner Hall questioned whether concern still exists that Special Review Permits will be required for the oil and gas industry. He stated he feels the suggested language is redundant; however, Chair Kirkmeyer disagreed and suggested a revision, noting the language as proposed would require a binding annexation agreement. After further discussion, Ms. Sommerville confirmed she does understand the Board's intent and recommends no changes or additions. No further public testimony was offered, and Commissioner Hall moved to approve Ordinance No. 187 on final reading as written. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER PROBABLE CAUSE FOR SUP#454- DUCKWORTH (CONT. FROM 08/02/95) [PLANNER SCHUETT/CHESTERI: Julie Chester, Planning Department, stated staff has consulted with the Health Department and agrees with the recommendation to continue this matter for one year. She noted Weld County Waste Disposal has made considerable progress and a one-year extension would allow further progress. Trevor Jiricek, Health Department, reiterated the facility is making progress and Amoco, H S Resources, and a group of other operators doing the actual cleanup have been very cooperative. He clarified Howard Duckworth is not participating in the cleanup due to financial reasons. Responding to questions from the Board, Mr. Jiricek explained the original order includes all involved with the facility; however, Mr. Duckworth claims he has no funds to contribute, therefore, the oil companies are cleaning. In response to further questions from the Board, Mr. Morrison clarified the Board may have to eliminate the Permit after the cleanup is complete, noting the options would be to vacate or revoke said Permit. Mr. Jiricek noted for the record the cleanup could proceed for many years; however, staff is recommending the matter be continued for one year to keep track of the progress. Mr. Jiricek then explained the process and the community involvement plan for the Board. Commissioner Webster moved to continue this hearing for one year, to February 26, 1997, at 9:00 a.m. Commissioner Hall seconded the motion, which carried unanimously. WARRANTS: Shelly Miller, Acting Clerk to the Board, presented the following warrants for approval by the Board: All Funds $ 567,475.20 Commissioner Baxter moved to approve the warrants is presented by Ms. Miller. Commissioner Webster seconded the motion, which carried unanimously. Minutes, February 21, 1996 960210 Page 5 BC0016 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 187 was 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. There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS // �J W DIt,a COUNTY, COLORA vitBarbara J. Kirkmeye , Chair to the Board . Baxter ro- m *erk t the Board Dale K. Hall Constance L. Harbert , W. H. ebs er Minutes, February 21, 1996 960210 Page 6 BC0016 Hello