HomeMy WebLinkAbout992721.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 10, 1999
TAPE #99-37
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 10, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
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 Baxter moved to approve the minutes of the Board of County Commissioners
meeting of November 8, 1999, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCES#82-U,#84-V,#136-N, and#212 BY TAPE:Commissioner Kirkmeyer moved to read
said Ordinances by tape. Seconded by Commissioner Vaad, the motion 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 Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Geile stated he attended the test of Weld
County systems concerning Y2K compliancy. He stated Weld County is prepared to address any problems
which may occur on 12.01 a.m. January 1, 2000.
PUBLIC INPUT: There was no public input.
992721
- /7.11_a.A) BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $70,313.07
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner
Geile seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE SEEDING FOR VARIOUS LOCATIONS BID-PEST AND WEED DEPARTMENT: Mr.Warden
recommended approval of the low bid from Custom Services of Colorado, Inc., in the amount of
$26,700.00. Commissioner Baxter moved to approve said bid. Seconded by Commissioner Geile, the
motion carried unanimously.
APPROVE VANS BID- HUMAN SERVICES DEPARTMENT: Mr. Warden recommended approval of the
low bid from Suspension Compression Systems, in the amount of$34,922.00. Commissioner Geile moved
to approve said bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
BRIAN AND JANICE WILSON: Michael Sampson, Assessor's Office, stated the property owned by Brian
and Janice Wilson was double assessed due to a computer error. In response to Commissioner Geile,
Mr. Sampson reviewed the petitioned amounts. Commissioner Baxter moved to approve said petition and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
TOM AND ALICE HOLTON: Mr. Sampson stated the property owned by Tom and Alice Holton was double
assessed due to a computer error and he recommends approval of this petition. Commissioner Kirkmeyer
moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
CONSIDER GRANT APPLICATION FOR HIV PREVENTION IN RURAL COMMUNITIES AND
AUTHORIZE CHAIR TO SIGN: Gay Akin, Weld County Department of Public Health and Environment,
stated this application is for funding to be used for HIV prevention services. Ms. Akin stated the Weld
County Department of Public Health and Environment will be working with the Larimer County Health
Department and will split the total amount and receive$14,706.00. Commissioner Vaad moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER SUBCONTRACT FOR LANDSCAPE BID AND AUTHORIZE CHAIR TO SIGN-BODA-GALEY
LANDSCAPE CONSTRUCTION: Mr. Warden stated this subcontract is to the Change Order for
landscaping at the Weld County Department of Public Works building and will finish landscaping
improvements at the entrance of the business park. Commissioner Kirkmeyer moved to approve said
subcontract and authorize the Chair to sign. Commissioner Vaad seconded the motion which carried
unanimously.
Minutes, November 10, 1999 992721
Page 2 BC0016
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE FUND CONTRACT CHANGE LETTER#2
FOR GREELEY/WELD AIRPORT TERMINAL AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated
this change letter will extend the deadline for completion of the airport terminal for a period of six months.
Commissioner Geile moved to approve said change letter and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER FIRSTAMENDMENTTO LEASE AGREEMENT FOR CONSTRUCTION,OPERATIONS,AND
MAINTENANCE OF TRAIL ACROSS KODAK PROPERTY AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY: Mr. Barker stated there is a portion of the Eastman Kodak Company
property which needs to be added to the lease to bring the trail up to an intersection with Highway 257.
He stated the amended legal description and plat of the area is included. Commissioner Baxter moved
to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER RESOLUTION RE: CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR DECEMBER 1, 1999:Chair Hall stated the Board will be attending a Colorado Counties
Incorporated conference. Commissioner Vaad moved to approve said resolution. Seconded by
Commissioner Geile, the motion carried unanimously.
FIRST READING OF ORDINANCE #82-U, IN THE MATTER OF SETTING FEES FOR SERVICES
PROVIDED BY THE WELD COUNTY HEALTH DEPARTMENT: Mr. Warden stated this is the annual
Ordinance setting fees for the Weld County Department of Public Health and Environment, which
correspond with the 2000 Budget. He stated the rates charged by the nursing division have been slightly
increased to correspond with the State fee scale. No public testimony was offered concerning this matter.
Commissioner Geile moved to approve Ordinance #28-U on first reading. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
FIRST READING OF ORDINANCE #84-V, IN THE MATTER OF SETTING FEES FOR SERVICES
PROVIDED BY WELD COUNTY: Mr. Warden stated this Ordinance includes a compilation of various
department fees. Mr. Warden stated there are no changes to Exhibit A; Exhibit B includes a seven percent
increase due to changes in Medicaid; there are not changes to Exhibit C; Exhibit D reflects a changes in
the fees charged for finger prints, copies of District Attorney files, CLW applications, and tape transcripts;
and Exhibit F lists the amounts charged for various GIS products and services. There was no public
testimony offered concerning this matter. Commissioner Baxter moved to approve Ordinance #84-V on
first reading. Seconded by Commissioner Vaad, the motion carried unanimously.
FIRST READING OF ORDINANCE #136-N, IN THE MATTER OF SETTING THE AMOUNT OF
PURCHASES WHICH MUST BE WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR
CONSIDERATION: Mr. Warden stated the Weld County Home Rule Charter requires the Board of
Commissioners to annually set the period for consideration of bids and that they be sealed. Mr. Warden
stated $7,500 has been used in the used in the past and he recommends the amount stay the same. No
public testimony was offered concerning this matter. Commissioner Vaad moved to approve
Ordinance #136-N on first reading. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #2599 - IRIS KRAUTSCHUM: Eric Jerman, Department of
Planning Services, gave a brief description of the location of the site and recommended denial of this
application. Mr. Jerman stated division of this parcel will create an additional lot on land not large enough
to support an economically feasible farming or agricultural operation. He stated the applicant is proposing
the site be split into two parcels 2.5 acres and 3.5 acres in size, which will be used for agricultural
Minutes, November 10, 1999 992721
Page 3 BC0016
residences. Mr. Jerman stated this application does not meet the intent or definition of a Recorded
Exemption. Responding to Commissioner Baxter, Mr. Jerman clarified the property is adjacent to Weld
County Road 380. In response to Chair Hall and Commissioner Vaad, Mr. Jerman submitted an aerial
photograph of the area, and stated the applicant may be able to apply for a Minor Subdivision.
Commissioner Kirkmeyer stated the parcel is not large enough to qualify as a minor subdivision. Julie
Chester, Department of Planning Services, agreed the site is not large enough, and stated if this
application is denied, the application will have to go through a substantial change hearing before applying
for another type of application. Mr. Jerman stated this parcel is not large enough for an internal road
system as required for a Minor Subdivision, and in response to Commissioner Kirkmeyer, he stated the
site is zoned Agricultural.
Doug Stolte represented the applicant and stated this proposal complies with the one-acre minimum lot
size of a Recorded Exemption; the site is not designated as prime agricultural land; the Weld County
Assessor's Office indicates the site is six acres in size; as proposed, there will be enough room for the
applicant to meet setback requirements; utilities are available; the adjacent railroad has been abandoned;
the Division of Wildlife does not have a concern with this proposal; and the surrounding property owners
have indicated they do not have any concerns. In response to Chair Hall, Mr. Stolte stated the new site
will be for the applicant's son to build a home, the applicant has been a resident on this site for 27 years,
and the site will continue to be used for a small amount of agricultural use. In response to Chair Hall and
Commissioner Baxter, Mr. Stolte gave a brief description of the surrounding uses, and indicated the
surrounding lots are primarily small acreages. Responding to Commissioner Kirkmeyer, Mr. Stolte stated
the applicant intends to continue raising a small number of calves, as well as leasing grass land elsewhere,
and added the site will have adequate water. In response to Commissioner Geile, Mr. Jerman indicated
the maximum and minimum lot sizes which can be split off of a parcel. No public testimony was offered
concerning this matter.
Commissioner Geile stated the application has met all of the Recorded Exemption standards and moved
to approve Recorded Exemption#2599 with the Conditions of Approval. Commissioner Baxter stated the
site will be used for agricultural purposes even though it will be in a small amount and seconded the
motion. Mr. Stolte stated he and the applicant have reviewed the Conditions of Approval and expressed
concern with Condition of Approval#2.A regarding the use of only one access point. Mr. Stolte stated he
spoke with Don Carroll, Department of Public Works, this morning who indicated that limiting the site to
one access is not necessary; however, he wanted to ensure no more accesses are allowed. Chair Hall
stated Condition#2.A is not necessary because Condition#2.6 states Lots A and B shall utilize the existing
access points. Commissioner Geile amended his motion to delete Condition #2.A and renumber the
following Conditions. Commissioner Vaad stated this is not a high agricultural area and it appears this
proposal is consistent with the surrounding area. Commissioner Kirkmeyer stated the application does
not comply with the intent and goals of the Comprehensive Plan or Agricultural Zone District, and is not
compatible with surrounding land uses. The motion carried four to one with Commissioner Kirkmeyer
being opposed.
(Clerk's note: Commissioner Vaad excused.)
FIRST READING OF ORDINANCE #212, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF EATON: Mr. Barker
stated this is the same format as discussed with the Town of Kersey. He stated staff has reviewed the
agreement and suggested changes which the Town has made, and added the agreement includes a map
indicating the Urban Growth Boundary and Comprehensive Plan area, also called the referral area. Mr.
Barker stated he agrees with the last sentence of Section 3.5, and explained the intent of the phase is
consistent with the previous portion of that Section. No public testimony was offered concerning this
matter. In response to Commissioner Kirkmeyer, Mr. Barker stated the Town of Eaton went through a
Minutes, November 10, 1999 992721
Page 4 BC0016
Comprehensive Planning process to define the Urban Growth Boundary area on the map marked
Exhibit A. She explained it was developed based on Weld County's standard for a sanitary sewer line.
Responding to Commissioner Kirkmeyer, Mr. Barker indicated it appears the Town of Eaton understands
this agreement does not change the jurisdiction rights of each of the governmental entities and is aware
that existing permits or uses which want to expand will apply to Weld County and the issues will be referred
to the Town for comments. Responding further to Commissioner Kirkmeyer, Ms. Johnson referred to her
memorandum, which she submitted to the Board, and stated staff did survey a 36 square mile area and
is working with property owners in the area to bring their properties into compliance, as well as vacating
old permits. Commissioner Kirkmeyer stated there was discussion with the Town of Kersey regarding the
addition of wording regarding the annexation of property, and she would like to see that incorporated into
this agreement as well. Commissioner Kirkmeyer moved to approve Ordinance #212 on first reading.
Seconded by Commissioner Baxter, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #132-U, #84-V, #136-N, and #212 were approved on first 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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
D COU TY C L ADO
ATTEST:
* 1D�AWytet Dalp K. Hall, Chair
Weld County Clerk to the Board /
1 ,7 dulie z_
/ pp , barbara J. Kirkmeyer, ro-Tem .-
BY: ,
eputy Clerk to the Board _
eorge . xter
/77'
. J. eile
SiGlennVaa
Minutes, November 10, 1999 992721
Page 5 BC0016
Hello