The URL can be used to link to this page

Browse Search

Home My WebLink About952373.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 27, 1995 TAPE #95-46 AND #95-47 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, November 27, 1995, at the hour of 9:00 a.m. ROLL CALL: MINUTES: ADDITIONS: CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: PUBLIC INPUT: WARRANTS: 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 Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of November 22, 1995, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. There were no additions to the agenda. Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Baxter seconded the motion, and it carried unanimously. No reports were given. No public input was offered. Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund Handwritten Warrants: General Fund Payroll Fund $ 134,905.00 $ 36,680.50 $ 1,387.81 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. 952373 BC0016 BUSINESS: NEW: CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR PERFORMANCE INCENTIVE AND CAPACITY BUILDING FUNDS TO GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Human Services Director, explained this request is for a total of $22,934.00, and the funds are based upon last year's performance, which exceeded the established State and Federal goals. He stated the resources will be added to the JTPA Title II -A and II -C programs to offset decreased funding. Mr. Speckman noted the period of performance is July 1, 1996, through June 30, 1997, and recommended approval. Commissioner Baxter moved to approve said request and authorize the Chairman to sign. Commissioner Webster seconded the motion, and Commissioner Harbert congratulated Mr. Speckman and his staff for outstanding performance. The motion then carried unanimously. CONSIDER CONTRACT AND ADDENDUM I TO CONTRACT WITH NATIONAL HOG FARMS, INC., AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #50-67A: Mr. Warden explained this contract will provide CDBG funds for infrastructure improvements to Bridge #50-67A. He further explained the purpose of the project is to encourage economic diversification and job retention to benefit low- and moderate -income persons in Weld County. Commissioner Kirkmeyer moved to approve said contract and addendum and authorize the Chairman to sign. Commissioner Webster seconded the motion, which carried unanimously. SECOND READING OF ORDINANCE NO. 82-Q, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY HEALTH DEPARTMENT: Commissioner Kirkmeyer moved to read said ordinance by title only. Commissioner Baxter seconded the motion, which carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance No. 82-Q into the record, and no public testimony was offered. Commissioner Harbert moved to approve said ordinance on second reading, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. SECOND READING OF ORDINANCE NO. 84-Q, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Harbert moved to read said ordinance by title only. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 84-Q into the record, and no public testimony was offered. Commissioner Webster moved to approve said ordinance on second reading, and Commissioner Baxter seconded the motion, which carried unanimously. SECOND READING OF ORDINANCE NO. 136-J, IN MATTER OF SETTING AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Baxter moved to read said ordinance by title only. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 136-J into the record, and no public testimony concerning this matter was offered. Commissioner Baxter moved to approve said ordinance on second reading, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. SECOND READING OF ORDINANCE NO. 187, IN MATTER OF INTERIM COORDINATED PLANNING AGREEMENT WITH THE TOWN OF PLATTEVILLE AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirkmeyer moved to read said ordinance by title only. Commissioner Baxter seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 187 into the record and noted the first reading was held on November 13, 1995. Debra Cress, surrounding property owner, voiced concerns regarding late notification of this process, and Chairman Hall explained the notification requirements for ordinances. Monica Mika, Planning Director, responded to questions from the Board, and Lee Morrison, Assistant Minutes, November 27, 1995 952373 Page 2 BC0016 County Attorney, explained the overhead map indicates an interim guess where growth will occur. Charles Kuechenmeister, Attorney for Town of Platteville, also responded to the Board's questions and explained the reason for extending the barrier to the west past the river is to protect visual growth and maintain the quality of the environment. He noted the Town is beginning to revise its comprehensive plan and strongly supports this agreement. Mr. Kuechenmeister requested his right be reserved to respond to the public's testimony and answered further questions from the Board. Chairman Hall noted concern about interimly placing rules and regulations in an area which ultimately will not have urban growth. Commissioner Harbert suggested the area around the river be developed as open space, including urban parks, trails, etc. Mr. Kuechenmeister clarified this agreement is just a start and will not impose real regulations in the Urban Growth Boundary Area. Mr. Morrison agreed this agreement will have only some effect and encourage urban growth in the Urban Growth Boundary Area; however, he noted exceptions and reiterated the possible effect will not be major. He also stated parks and recreation areas are defined as urban development. Mr. Kuechenmeister referenced Section 4.3(h) in said agreement indicating the County has final approval of development proposals. Commissioner Kirkmeyer referenced Section 3.1 indicating this is an interim period to develop standards, establish lines, and determine where service will be available. Chairman Hall reiterated the need for a realistic, rather than an arbitrary, boundary. Mr. Kuechenmeister reviewed the Oil and Gas Overlay Zone and stated the Town decided the notice and consultation procedure would not adequately protect the interest of future surface owners; therefore, the USR process would be more useful. He presented a map, marked as Exhibit A for the record, illustrating the Urban Growth Boundary Area, the proposed USR Overlay Zone, and the immediate drill sites. Mr. Kuechenmeister also discussed 40 -acre spacing and the issues which could be mitigated by requiring the USR process and answered further questions from the Board. Chairman Hall again reiterated concern about placing an arbitrary and/or unnecessary boundary and/or overlay zone where no development will occur. Mr. Kuechenmeister then suggested a meeting between the Town Board and the Commissioners to negotiate the issues further. Mr. Morrison confirmed outside meetings are not precluded from this process. Mr. Kuechenmeister stressed he does not want this agreement process stopped. Mr. Barker noted the Board could approve this ordinance on second reading and make revisions prior to the third reading or continue the second reading. Dearal Beddo, surrounding property owner, also commented regarding development and the oil and gas industry. He stated the west side of the river should not be included in the Urban Growth Boundary Area. Mr. Beddo submitted photographs, Exhibits B and C for the record, of his property which has been flooded five times in the past 30 years. He also noted the Town agreed that area should not be subject to urban growth and commented on oil and gas, agricultural, and residential development. Chairman Hall clarified the Urban Growth Boundary Area is designated by Weld County not by the towns. Roger Streed, surrounding property owner, stated this agreement will create more bureaucracy and questioned the benefits to the County, Town, and landowners. Chairman Hall clarified said agreement will establish more consistency in areas which may become part of the town and will not create more bureaucracy. Commissioner Kirkmeyer concurred and stated the consistency should also save taxpayers money. Commissioner Baxter noted the agreement will also clearly define the Urban Growth Boundary Area. James Klingenberg, surrounding property owner, voiced concern that the landowners were not included in the Town's planning, were not notified, and were unaware of the Urban Growth Boundary Area. Commissioner Kirkmeyer reiterated the Urban Growth Boundary Areas were recently changed through the revision of the Comprehensive Plan which was noticed pursuant to State statute as well as by courtesy mailing and public meetings. She stated public input is desired. Mr. Morrison clarified if the Town of Platteville decides it cannot provide urban services to an area, that area will not be included in the Urban Growth Boundary Area. Julie Davis, surrounding property owner, again questioned the benefit of this agreement to the landowners and asked other questions regarding annexing, subdividing, and Minutes, November 27, 1995 952373 Page 3 BC0016 PLANNING: urban services. The Board, Mr. Kuechenmeister, and Mr. Morrison responded to Ms. Davis' questions, reiterating the goal is for consistency between the Town and County. (Changed to Tape #95-47 during discussion with Ms. Davis.) Molly Sommerville, representing the Colorado Oil and Gas Association and various oil and gas companies, referenced Section 4.4 of said agreement and stated negotiations with the Town failed and no agreement was completed. She also referred to her written comments dated November 7, 1995, and reminded the Board of her request on November 13, 1995, to reserve the right to comment and be allowed to object to said provisions if negotiations with the Town failed. Ms. Sommerville voiced concerns regarding the oil and gas industry being subject to the USR requirement, especially in an area which is not largely rural. She noted the only area singled out was oil and gas and further discussed the 40 -acre spacing and the notification procedure in which the Town would be involved. Ms. Sommerville requested this matter be continued on second reading to allow a meeting to discuss the oil and gas industry's concerns. Mr. Kuechenmeister clarified his first preference is the ordinance and agreement be approved on second reading as written; however, his second preference is to continue the matter since the Board has reservations and hold a meeting for negotiation. He reiterated he does not want this process stopped. Brenda Odenbaugh questioned the effect of the 100 -year floodplain. Mr. Morrison explained the floodplain affects the design and feasibility of constructing, but it does not preclude the area from development. He clarified the Urban Growth Boundary Area is irrelevant to the floodplain. Eugene Anderson, surrounding property owner, stated he, too, owns property in the floodplain and does not understand how the Town plans to develop or annex it other than by condemnation. Chairman Hall clarified annexation is primarily voluntary, and Commissioner Baxter clarified the County is trying to respond to growth not encourage or discourage urban or non -urban development. Commissioner Webster stated he has considered the testimony and noted Mr. Kuechenmeister desires the ordinance passed on second reading; therefore, since there is time for meetings prior to the third reading, it should be passed on second reading today. Commissioner Kirkmeyer stated she feels there is still a need to continue the matter to allow adequate time for the meetings; therefore, she moved to continue the second reading of Ordinance No. 187 for two weeks, to December 11, 1995, and direct staff to mail and have said ordinance published in a newspaper of local circulation in the Platteville area. Commissioner Webster concurred and seconded the motion. Commissioner Baxter voiced concerns with placing restrictions on oil and gas and land use issues in areas where there may be no potential for urban growth. After further comments by Mr. Barker, the motion carried unanimously. Let the record reflect a recess was taken at this time. CONSIDER RE #1814 - WALTER: Shani Eastin, Planning Department representative, entered staffs recommendation into the record, noting concerns about the proposed location of Lot A. She confirmed two homes exist, one on Parcel #027 and one on Lot B, and indicated staffs preferred location for Lot A. Ronald Walter, applicant, explained the reason for choosing the location of Lot A and noted it would not create any farming, access, or irrigation problems. He responded to questions and comments from the Board and clarified he intends to farm the land and has no intentions of developing or further subdividing. Mr. Walter agreed with the Conditions of Approval, as well as an additional Condition of Approval requiring the relocation of Lot A so it is adjacent to Parcel #027, aka Lot A of RE #1168. Further discussion ensued concerning access, and Mr. Walter confirmed all necessary accesses exist and agreed to another additional Condition of Approval allowing no new access. No public testimony was offered. Commissioner Kirkmeyer moved to approve RE #1814 for Ronald Walter, with the Conditions of Approval as recommended by staff and added by the Board. Mr. Barker read the language for Conditions of Approval #3 and #4 into the record. Commissioner Webster seconded the motion, which carried unanimously. Minutes, November 27, 1995 952373 Page 4 BC0016 FINAL READING OF ORDINANCE NO. 173-C, IN MATTER OF AMENDMENTS TO THE WELD COUNTY SUBDIVISION ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS: Commissioner Baxter moved to read said ordinance by title only, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Barker read the title of Ordinance No. 173-C into the record. Ms. Mika stated no comments for changes have been received, and she confirmed for the Board all errors have been corrected by the Clerk to the Board's Office. Mr. Barker then read the additional language included as the last paragraph of the ordinance, which was prepared by Mr. Morrison and discussed prior to approval of the second reading. No public testimony was offered. Commissioner Harbert moved to approve Ordinance No. 173-C on final reading including all corrections and changes, and Commissioner Baxter seconded the motion. Commissioner Webster confirmed this ordinance changes the requirements of minor subdivisions, allowing only five lots rather than six, and changes the requirements of recorded exemptions, extending the five year requirement to ten years for submittal of another application. The motion then carried four to one, with Commissioner Webster voting nay. RESOLUTIONS AND ORDINANCES: _t�. ATTEST: Weld &aunty'' 1 BYs The resolutions were presented and signed as listed on the consent agenda. Ordinances No. 82-Q, No. 84-Q, and No. 136-J, were approved on second reading; second reading of Ordinance No. 187 was continued to December 11, 1995; and Ordinance No. 173-C 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 11:10 a.m. rk to the Board 1 1 Pau, Deputy Cler(C Jo the Board BOARD OF COUNTY COMMISSIONERS W COUNTY, CQLODO Dale K. Hall, Chairman U/iiLC- � arbpra J. KirkmeyPro-Te/em GeorgBaxter Constance L. Harbert j W. H. Webster Minutes, November 27, 1995 952373 Page 5 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO NOVEMBER 27, 1995 TAPE #95-47 ROLL CALL: MINUTES: WARRANTS: 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, November 27, 1995, at the hour of 9:00 a.m. 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 Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of November 22, 1995, as printed. Commissioner Webster 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 $3,882.15. Commissioner Kirkmeyer moved to approve the warrants as presented by Ms. Miller. Commissioner Webster 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 11:15 a.m. .Welq `cunnty Clegkjto the Board . BY`{ Deputy Cle o the Board Daly, K. Hall, Chairman BOARD OF COUNTY COMMISSIONERS COUNTY, C• O O .//!(: /7/tL.t ]/- `Rr o-Tem Bar J. Kirkmeyel GeorgetBaxter -7 {E.n_ -r4!cm AV , Constance L. Harbert W. H. Webster / 952373 BC0016 Hello